By Staff Reporter
ISLAMABAD: Prime Minister Shehbaz Sharif has invited Omar Ayub, the Leader of the Opposition, to help select the country’s next chief election commissioner (CEC), months after the incumbent’s term expired in January.
Sikandar Sultan Raja, the current CEC, remains in office under a constitutional loophole despite the government missing a March 12 deadline to name his successor.
Pakistan’s Constitution mandates the appointment of the CEC and two members of the Election Commission of Pakistan (ECP) within 45 days of a vacancy. Still, Raja’s term ended on January 27, and no action has followed. The 26th Amendment allows him and others to stay on until replacements are confirmed.
The delay has left the critical electoral positions in limbo, with no action taken by the government past the constitutional cutoff.
In a May 16 letter, Sharif urged Ayub to propose candidates for the CEC and two ECP posts from Sindh and Balochistan.
“In term of clause (2A) of Article 213 and sub-clause (b) of clause (2) of Article 218 of the Constitution of Islamic Republic of Pakistan, 1973, three names each for the appointment of Chief Election Commissioner and two Members (i.e. for Sindh and Balochistan) are to be forwarded to the Parliamentary Committee for hearing and confirmation of any one person against each position,” the letter stated.
Sharif invited Ayub for a meeting to finalise the names, though no specific date was proposed, nor were any potential candidates mentioned.
“In view of the aforesaid, you are invited for a meeting for consultation, in terms of clause (2A) of Article 213 of the Constitution of Islamic Republic of Pakistan, 1973, in order to finalize three names each for appointment of Chief Election Commissioner and Members from Sindh and Balochistan.”
The consultation process is a key of Pakistan’s electoral framework, ensuring that the opposition has a voice in selecting officials who oversee the nation’s elections.
Under Article 213 of the Constitution, the appointment of the CEC and Election Commission members follows a defined procedure. The Prime Minister and the leader of the opposition must attempt to agree on three names for these roles. If they reach a consensus, the names are forwarded to the President for approval. If no agreement is reached, each submits a separate list to a 12-member parliamentary committee, evenly split between treasury and opposition representatives. The committee then selects one name to send to the President.
Article 217 further stipulates that if the CEC’s term expires or the position becomes vacant, the most senior Election Commission member assumes the CEC’s duties.
The terms of the CEC and the commission members from Sindh and Balochistan have lapsed, while the members from Punjab and Khyber Pakhtunkhwa remain in office until May 2027. Despite the constitutional mandate, deep political polarization has stalled any dialogue between the Prime Minister and the opposition leader on new appointments.
The PTI leaders Ayub and Shibli Faraz filed a petition in the Islamabad High Court in March 2025, contesting the delay. The petition lists the federal government, Senate chairman, National Assembly speaker, and Election Commission as respondents, arguing that the expired terms of the CEC and certain members, combined with the failure to appoint replacements, violate the Constitution.
The petitioners seek a court ruling that the Prime Minister, National Assembly speaker, and Senate chairman have neglected their constitutional duties. They have requested specific actions: directing the National Assembly speaker to form the parliamentary committee with names of Assembly members, instructing the Senate chairman to provide senators’ names to the speaker, and ordering the Prime Minister to hold meaningful talks with the opposition leader under Article 213. Additionally, they ask the court to declare the continued tenure of the CEC and certain members beyond their terms unlawful.
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