ECP defines the timing for replacing empty seats under Article 215.

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

According to ECP sources, the Constitution defines a vacancy as one caused by unforeseen circumstances. In such situations, the vacancy must be filled within 45 days. However, in the absence of such circumstances, the post cannot be termed vacant, and the timetable is not applicable.

Following the 26th Constitutional Amendment, a new clause was inserted to Article 215, stating that the Chief Election Commissioner or a Member must remain in office until a fresh appointment is made at the conclusion of their tenure. This implies that under the existing legal structure, sitting Commissioners and Members will stay in office until their successors are officially appointed.

According to ECP sources, the 45-day clause applies only in extraordinary instances where a seat becomes empty owing to resignation, death, or disqualification. In the current case, no such event has occurred, hence this time restriction does not apply.

The clarification comes amid concerns about the tenure and nominations of ECP officials, reaffirming that there is no urgent constitutional requirement to replace officials whose terms have expired unless certain criteria are satisfied.