Case about ECP members appointment sent to IHC

Published September 27, 2019
The Supreme Court on Thursday disposed of a case relating to the transfer of challenges to the appointment of two members of the Election Commission of Pakistan (ECP) by sending it to the Islamabad High Court.  — AFP/File
The Supreme Court on Thursday disposed of a case relating to the transfer of challenges to the appointment of two members of the Election Commission of Pakistan (ECP) by sending it to the Islamabad High Court. — AFP/File

ISLAMABAD: The Supreme Court on Thursday disposed of a case relating to the transfer of challenges to the appointment of two members of the Election Commission of Pakistan (ECP) by sending it to the Islamabad High Court.

The petition was moved by retired Justice Altaf Ibrahim Qureshi and retired Justice Irshad Qaiser, both members of the ECP from Punjab and Khyber Pakhtunkhwa, respectively.

Their appointments were challenged by a political party called Aam Loag Ittehad in the Sindh High Court and by the Saraikistan Democratic Party in the Lahore High Court on the grounds that none of the members completed two-year constitutional bar after their retirement as judges under Article 207(2) of the Constitution.

The SC bench headed by Justice Umar Ata Bandial ordered the petitioners to raise their plea before the high court.

The ECP members raised a plea before the apex court that challenges to their appointments in two different high courts were incompetent, not maintainable and coram non judice since both the members hold their offices in Islamabad within the territorial jurisdiction of the IHC.

Therefore, they argued, the Supreme Court should order calling the cases from the Sindh High Court and the Lahore High Court and transfer them to the Islamabad High Court since the writ of quo warranto could only be issued by the high court in the territorial jurisdiction of which the person held the public office.

Published in Dawn, September 27th, 2019

Opinion

Editorial

Digital growth
Updated 25 Apr, 2024

Digital growth

Democratising digital development will catalyse a rapid, if not immediate, improvement in human development indicators for the underserved segments of the Pakistani citizenry.
Nikah rights
25 Apr, 2024

Nikah rights

THE Supreme Court recently delivered a judgement championing the rights of women within a marriage. The ruling...
Campus crackdowns
25 Apr, 2024

Campus crackdowns

WHILE most Western governments have either been gladly facilitating Israel’s genocidal war in Gaza, or meekly...
Ties with Tehran
Updated 24 Apr, 2024

Ties with Tehran

Tomorrow, if ties between Washington and Beijing nosedive, and the US asks Pakistan to reconsider CPEC, will we comply?
Working together
24 Apr, 2024

Working together

PAKISTAN’S democracy seems adrift, and no one understands this better than our politicians. The system has gone...
Farmers’ anxiety
24 Apr, 2024

Farmers’ anxiety

WHEAT prices in Punjab have plummeted far below the minimum support price owing to a bumper harvest, reckless...