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Tuesday, 4 February 2014

How chief election commissioner can be appointed and removed from the office?

The chief election commissioner is appointed by the president in his direction and no person shall be appointed as commissioner unless he is, or has been a judge of the Supreme Court or is, or has been, a judge of the high court. But it is a condition precedent that the judge of high court must be such who can be eligible for appointment as judge of Supreme Court as provided under article 177, clause 2(a). it means that the judge of high court must have got the standing of five years for appointment. Before entering upon office the commissioner shall make before the chief justice of Pakistan oath in the manner prescribed in schedule-III. The term of the office of the commissioner is three years provided that the national assembly may be resolution extent the term of the commissioner by a period not exceeding one year.
Removal of the chief election commissioner
The commissioner shall be removed from office in the manner prescribed under article 209 says that on information received from the supreme judicial council or from any other source the president is of the opinion that the chief election commissioner.. 
(A). May be incapable of properly performing the duties of his office by reason of physical and mental incapacity… 
(B). May have been guilty of misconduct…
The president shall direct the council inquire into the matter, and when after inquiry the council report to the president that, 
(A). The chief election com: is incapable of performing the duties of his office, or has been guilty of misconduct... 
(B). He should be removed from office.

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