IHC suspends two ECP members' appointment.

Byline: Shahid Rao

ISLAMABAD -- The Islamabad High Court (IHC) on Monday suspended a presidential notification about the appointment of two ECP members and ruled that the matter be resolved by the parliament.

An IHC single bench consisting of Chief Justice Athar Minallah took up three petitions filed by Senator Javed Abbasi, MNA Dr Nisar Ahmed Cheema and Barrister Jahangir Khan Jadoon.

Justice Athar noted, 'Until the next date is fixed, operation of the impugned notification dated August 22 shall remain suspended'. He ordered relisting the petition on December 12.

The court order said, 'The chairman of the Senate and the worthy speaker of the National Assembly hold their respective offices as politically impartial personalities. They, as custodians of the two Houses of Majlis-e-Shoora, are expected to play an effective role to ensure that the Constitution is upheld and the Election Commission of Pakistan, one of the most important constitutional bodies, is constituted in accordance with the intent of the Constitution makers.'

Court rules the matter should be resolved by the parliament

It said, 'This court records its appreciation for endeavours made so far by the worthy chairman of the Senate and worthy Speaker of the National Assembly to resolve the dispute between the treasury and the opposition benches so that eligible persons could be appointed members of the Election Commission of Pakistan. This court is confident that endeavours made by the worthy chairman of Senate and the worthy speaker of the National Assembly will amicably resolve the issue without interference by this court. Pursuant to the request made by the National Assembly secretary, the hearing is adjourned.'

Justice Athar said, 'Sanctity of the parliament is undermined when matters that ought to be settled in the parliament by elected representatives of people are exposed to interference of courts.'

The court order said when political issues are not resolved within the parliament by the elected representatives of the people in a manner prescribed in the Constitution, unelected forces get an opportunity to undermine sanctity of the parliament.

'It is implicit in the oath, which each member takes before entering the office, that sanctity of the parliament will be upheld by resolving all disputes through democratic principles of decision-making,' noted Justice Athar in the order.

Earlier, the National Assembly secretary appeared before the court and stated that the speaker of...