• Raja, two ECP members have now been in their posts one year beyond the length of their tenure
• NA opposition leader’s notification removes key hurdle for fresh appointments
• Civil society urges starting consultation process immediately
CHIEF Election Commissioner Sikandar Sultan Raja and two other Election Commission of Pakistan (ECP) members are set to complete one year in office after the expiry of their constitutionally-mandated five-year terms.
The terms of the three officials ended on Jan 26, 2025. Under Article 215(4) of the Constitution, appointments to these posts were required within 45 days after the positions became vacant, i.e. by March 12, 2025.
However, a proviso inserted into Article 215(1) through the 26th Constitutional Amendment allows the CEC and members to continue until their successors are appointed. The incumbent CEC and two ECP members are serving under this provision, while the process to appoint replacements has yet to begin.
For months, the delay was partly attributed to the absence of an officially notified leader of the opposition in the National Assembly, who has a constitutional role to play in the process.
With Mehmood Khan Achakzai now notified as opposition leader after a prolonged delay, attention has shifted to how soon the government initiates appointments for the new chief election commissioner and ECP members from Sindh and Balochistan.
Muddasir Rizvi of the Free and Fair Election Network (Fafen), told Dawn that the notification of the opposition leader had removed a key procedural hurdle to initiating appointments to several constitutional and statutory offices that require mandatory consultation between the prime minister and the opposition leader.
He said such appointments included the chief election commissioner, ECP members, the chairman of the National Accountability Bureau, and the chairpersons of the National Commission on the Status of Women and the National Human Rights Commission.
Mr Rizvi said appointments to constitutional offices should be completed before posts fall vacant. While he acknowledged that the incumbents’ continuation was constitutional under the amended provision, he urged that the process for appointing successors be initiated as soon as possible. He expressed hope that the issue would be addressed through a subsequent constitutional amendment.
Ahmad Bilal Mehboob, president of the Pakistan Institute of Legislative Development and Transparency (Pildat), said the process to appoint a new chief election commissioner should start forthwith and the prime minister should take the initiative.
He recalled that the process had been initiated by the prime minister but could not move forward as the then opposition leader Omar Ayub wanted the formation of a parliamentary committee on the appointments without the consultation process.
He also said an earlier draft of the 26th Amendment had included a provision for the reappointment of the chief election commissioner, which was later dropped after opposition from JUI-F chief Maulana Fazlur Rehman.
He said Pildat had opposed the reappointment idea on the grounds that it could incentivise an incumbent to seek favour with the government of the day.
Mr Raja has faced sustained criticism from political parties and rights groups over the ECP’s handling of electoral matters, particularly around the 2024 general elections. Critics have alleged that the commission’s actions, decisions and administrative choices undermined confidence in the electoral process, while the ECP has maintained it acted in accordance with the law.
The controversy intensified after the ECP announced that general elections would not be held within the 90-day constitutional deadline following the dissolution of the National Assembly on Aug 9, 2023. More than a month later, the commission announced polls would be held in the last week of January 2024, but elections were eventually held on Feb 8, 2024.
Among issues raised by critics were delays in results, alleged discrepancies in election forms and the use of administrative officers, including assistant commissioners and deputy commissioners, as returning officers and district returning officers, roles traditionally assigned to the lower judiciary.
Talking to Dawn, PTI parliamentary leader in the Senate Barrister Syed Ali Zafar said that his party had documented alleged anomalies in polling data. He cited polling station No. 180 of NA-130 (Lahore), claiming that the number of polled votes exceeded the number of registered voters at the station.
“PML-N supremo Nawaz Sharif was declared winner from the constituency. Documents show that Nawaz Sharif secured 1,266 out of 1,825 polled votes. The number of total votes polled for the provincial assembly at the same polling station was 972. The number of voters assigned to the polling station was 1,818,” Mr Zafar said.
Mr Raja’s critics allege that the denial of the party symbol was aimed not only at disadvantaging the PTI by confusing voters, but also at allowing PTI-backed “independents” to later join the ruling coalition without risking disqualification. They also claim the move was used to deprive the PTI of its share of reserved seats.
After the 2024 elections, Mr Raja and other members of the Election Commission decided against allocating reserved seats to PTI-backed independents in proportion to the general seats they had won, instead distributing them among the ruling coalition, a decision the PTI challenged in court.
Despite a majority judgement directing that the reserved seats be returned to the PTI under the principle of “complete justice”, the ECP sought clarification and later filed a review petition, delaying implementation.
Critics say this provided the government time to pass an amendment to the Elections Act, 2017, aimed at nullifying the court ruling by barring PTI-backed independents from joining the party after the legally prescribed period.
Mr Raja’s critics have also pointed to delays in holding local government elections in Punjab and Islamabad, alleging selective enforcement. The ECP has previously cited legal and administrative constraints in relation to local polls.
Published in Dawn, January 26th, 2026
