Official challenges unlawful appointments in ECP

• DEC Faisalabad writes letter to president, Senate chairman, NA speaker.
• Alleges CEC running administrative affairs using outdated rules.
• ECP spokespeson questions timing of letter, calls it a media stunt.

ISLAMABAD: Faisalabad district election commissioner (DEC) has challenged unlawful key appointments in the Election Commission of Pakistan (ECP), reported The News.

Irfan Kausar has brought the issue before the ECP through the provincial commissioner. He has also written a letter to President Arif Alvi, inviting his attention towards these appointments made in what he calls the absence of service rules.

Kausar, who made headlines when he rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s nomination papers for NA-108 (Faisalabad) by-polls in August 2022, has written to the ECP secretary and expressed his intention to follow another ECP officer i.e. the Regional Election Commissioner, Kohat, Adnan Bashir, who had filed a reference with the Supreme Judicial Council a few months back, targeting the chief election commissioner.

In the letters, Irfan has sought various documents including a statement of assets and liabilities furnished by Chief Election Commissioner Sikandar Sultan Raja.

In his letters to the president, Senate chairman, NA speaker and the members of the parliament, he contended that concerning parliamentary oversight relating to employment in the ECP, Article 221 merits consideration, as the original article after the promulgation of the Constitution reads “until Parliament by law otherwise provides, the commissioner may, with the approval of the president, make rules providing for the appointment by the commissioner of officers and servants to be employed in connection with the functions of the commissioner or an Election Commission and for their terms and conditions of employment”.

Kausar insists that the Constitution requires the parliament to frame a law, as no such legislation is in place at the moment. He recalled the then CEC made service rules in 1989 after approval by the president that remained enacted until the promulgation of the 18th Amendment.

The official cited the Worker’s Party case judgment and General Elections 2013 Inquiry Commission Report which pointed out the grey areas that needed to be addressed by the ECP.

The ECP officer highlighted that previously only serving Pakistan Administrative Service officers used to be appointed in ECP and that too remained restricted to the post of secretary, whereas the secretaries, in the past, relied upon the strength of ECP and endeavoured to further enhance its capacity.

The above-referred judgment and report though mostly highlighted policy areas within the commission resulted on one hand in the creation of new wings and on the other hand, the weakening of organisational hierarchy.

Referring to appointments appointing outsiders for administrative posts, Irfan said, “Even if a contentious framework of 1989 rules is considered to be in vogue that too leaves its validity after the 22nd Amendment.” 

The official alleged that the commissioner was running administrative affairs of ECP using outdated rules of 1989 and making amendments without even getting approval from the president which is a mandatory requirement.

Kausar said the commissioner was the sole administrative authority without the oversight of the commission in the absence of the service rules.

The official alleged that the mid-career ECP cadre officers are being promoted arbitrarily, and said that either the president should direct the authorities concerned to submit a draft of ECP service rules or the chairman Senate and the National Assembly speaker direct the relevant committees to take up the matter for legislation.

ECP 'dismisses' allegation

When The News approached ECP for a comment, a senior official, on condition of anonymity, dismissed the allegations and billed these letters as politically motivated in a murky environment related to politics and future elections.

“Instead of going here and there, one should approach the right forum to have grievances redressed. An official of the commission must know well the standard operating procedure in case of grievances. It may also be noted that he (Irfan) has been silent for four-five months and now all of a sudden, has come up with a barrage of allegations,” said the official.

The official believed the matter could be a media stunt and that it might not be worthy of being put before the Election Commission.