KARACHI, May 27: The Sindh High Court is learnt to have recommended three former district and sessions judges for appointment as election tribunals to adjudicate poll disputes after the Election Commission of Pakistan on Monday withdrew the notification of earlier appointments made without the consultation of the SHC chief justice.

Sources told Dawn that the names of several former district judges were considered for appointment as election tribunals by the SHC.

They said that the ECP had notified the appointment of three former district judges — Kausar Ali Bukhari, Qazi Allah Bux and Jamil Raza Zaidi — as election tribunals in Karachi, Hyderabad and Sukkur.

However, sources in the ECP said that the notification of the three tribunals was withdrawn after the commission conceded that the consultation with the SHC chief justice was imperative for the appointment of the election tribunals to hear the election petitions under Section 52 of the Representation of the People Act, 1976.

They said that the acting registrar of the SHC, Fahim Siddiqui, on Monday wrote a letter to the ECP’s additional director general (admin), Iftikhar Ahmed, drawing the attention of the Chief Election Commissioner (CEC) to a judgement of the Supreme Court in constitutional petitions Nos. 53/2007 and 83/2012.The sources quoted the SHC registrar as writing that “prima-facie subject notification is hit by the above referred judgment and any proceeding taken by the Election Tribunal so constituted in Sindh without consultation of the Chief Justice of the Sindh High Court may suffer from being corum non-judice and thus entire exercise may be in futility”.

They said that the SHC registrar requested the ECP DG to place before the CEC as desired by the SHC chief justice.

Later in the afternoon, the sources said, the ECP Director General, Syed Sher Afgan, requested the SHC registrar to immediately send three names of retired district and sessions judges of “impeccable reputation” to serve as election tribunals.

They said that the ECP DG requested the SHC registrar to send the recommendations immediately through facsimile “in view of the urgency of the matter”.

It may be recalled that the acting registrar of the SHC had in the first half of the day put a note to SHC Chief Justice Mushir Alam regarding the anomalies in the appointment of the election tribunals in the province.

The acting registrar reported to the SHC chief justice that the ECP had appointed the election tribunals in clear violation of the apex court’s judgement in the two constitutional petitions as the appointments were made without obtaining prior concurrence of the SHC chief justice.

It may be noted that the retired district and sessions judges are being appointed to head election tribunals for the first time as earlier the election tribunal was headed by a sitting judge of the high court.

Opinion

Editorial

Weathering the storm
Updated 29 Apr, 2024

Weathering the storm

Let 2024 be the year when we all proactively ensure that our communities are safeguarded and that the future is secure against the inevitable next storm.
Afghan repatriation
29 Apr, 2024

Afghan repatriation

COMPARED to the roughshod manner in which the caretaker set-up dealt with the issue, the elected government seems a...
Trying harder
29 Apr, 2024

Trying harder

IT is a relief that Pakistan managed to salvage some pride. Pakistan had taken the lead, then fell behind before...
Return to the helm
Updated 28 Apr, 2024

Return to the helm

With Nawaz Sharif as PML-N president, will we see more grievances being aired?
Unvaxxed & vulnerable
Updated 28 Apr, 2024

Unvaxxed & vulnerable

Even deadly mosquito-borne illnesses like dengue and malaria have vaccines, but they are virtually unheard of in Pakistan.
Gaza’s hell
Updated 28 Apr, 2024

Gaza’s hell

Perhaps Western ‘statesmen’ may moderate their policies if a significant percentage of voters punish them at the ballot box.