Pakistan
Decision reserved on admissibility of petition against ECP Chief’s appointment
According to the Supreme Court decision, senior civil servants cannot be appointed
Islamabad: The Islamabad High Court (IHC) reserved its decision on the admissibility of the application after arguments against the appointment of Chief Election Commissioner Sikandar Sultan Raja.
Chief Justice IHC Aamer Farooq heard the petition of Akram Bari, the petitioner who appeared in the court with his lawyer.
The petitioner's lawyer argued that Sikandar Sultan Raja was a serving bureaucrat when he was appointed and according to the Supreme Court decision, senior civil servants cannot be appointed, but a retired officer of grade 22. The current or former judge of the Supreme Court could also be appointed.
The lawyer for the petitioner said that then there was an amendment made in 2016 and after that a retired officer was appointed because a retired officer is not subordinate to anyone. However, the current Chief Election Commissioner is an in-service employee.
Chief Justice Aamer Farooq inquired if he had attached something to it. How does he know what happened? The petitioner's lawyer said it was on their website.
The Chief Justice remarked that please satisfy me and prove something. If I know something, I will inform further, right? The lawyer of the petitioner asked for some time for briefing.
Election Commission counsel came to the rostrum without notice and said that he had a notification of retirement of Sikandar Sultan Raja before becoming Chief Election Commissioner.
The Chief Justice while talking to the lawyer of the ECP said that you were not called and you were not noticed yet, it seems that you are in a hurry.
ECP lawyer said that Sikandar Sultan was made Chief Election Commissioner on January 24, 2020, while he had retired in November 2019. Chief Justice Aamer Farooq remarked that he had already retired, ok, thank you! Let's see it.
Later, the IHC reserved its decision on the hearing of the petition after arguments against the appointment of Chief Election Commissioner Sikandar Sultan Raja.