ECP clarifies timeline for filling vacant seats under Article 215

The Election Commission of Pakistan (ECP) has clarified that the constitutional requirement to fill vacancies within 45 days under Article 215(4) applies only in specific circumstances such as resignation, death, or disqualification of a Commissioner or Member.

According to ECP sources, the Constitution defines a vacancy as one arising due to unforeseen circumstances. In such cases, the seat must be filled within 45 days. However, in the absence of such circumstances, the position cannot be considered vacant, and the timeline does not apply.

Following the 26th Constitutional Amendment, a new clause was added to Article 215, stipulating that the Chief Election Commissioner or a Member shall continue in office until a new appointment is made upon the expiry of their term. This means that under the current legal framework, sitting Commissioners and Members will remain in office until replacements are officially appointed.

ECP sources further emphasized that the 45-day provision is only applicable in exceptional cases where a seat falls vacant due to resignation, death, or disqualification. In the present scenario, where no such event has occurred, this time limit does not come into effect.

The clarification comes amid discussions regarding the tenure and appointments of ECP officials, reinforcing that no immediate constitutional obligation exists to replace officials whose terms have ended unless specific conditions are met.