ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed a petition against the appointment of member Election Commission of Pakistan (ECP) Sindh while declaring it non-maintainable.
Chief Justice Athar Minallah heard the case filed by Pakistan Tehreek e Insaf (PTI)’s Leader Chaudhry Fawad Hussain.
Chief Justice remarked that how a member ECP could be terminated as it was a constitutional appointment. The court had to work as per the law, he said, adding that it wouldn’t unnecessary interfere into the matter as it could create a legal conflict.
Justice Athar Minallah remarked that the constitution was very clear as it was providing relevant forum and method as well for appointment and removal on the posts. He said that PTI was also part of appointment that time.
The court observed that the appointment was made after meeting the legal procedure and member could be removed only as per law. Firstly, leader of the house and opposition leader had to consult the matter and if it was not resolved then the matter used to be sent to a parliamentary body.
Petitioner’s lawyer adopted the stance that the appointment of member ECP Nisar Durrani was a violation of article 216. He said that Durrani was appointed on January 20, 2020 as member ECP Sindh.
He said that the court could use constitutional power to remove the member ECP from the post. After listening arguments, the court dismissed the case and declared it non-maintainbale.
