ISLAMABAD: In what marks the beginning of a legal quandary, all the three declared winners of National Assembly seats from Islamabad have sought the transfer of election petitions pending adjudication before the only poll tribunal for the federal capital to ‘some other tribunal’.

In a surprising controversial move, the Election Commission of Pakistan (ECP), itself a party in the election petitions, has fixed the identical petitions apparently drafted by the same lawyer but filed through different counsel for hearing today (Tuesday).

The development comes days after a controversial ordinance was promulgated to amend Elections Act to empower the ECP to appoint retired judges as election tribunals.

Since Islamabad has lone tribunal, cases cannot be shifted out of capital

Anjum Aqeel Khan, Dr Tariq Fazal Chaudhary and Raja Khurram Shahzad-- declared winners from NA-46, NA-47 and NA-48 respectively --in their petitions, copies of which are available with Dawn, have not only sought transfer of election petitions against them to some other tribunal, but have also prayed to stay proceedings before the election tribunal till the final disposal of their applications.

The legal predicament is that there is a single election tribunal in Islamabad and the ECP under the law cannot transfer the cases to a tribunal out of Islamabad and the Ordinance empowering it to appoint retired judges as election tribunals has been challenged before the Lahore High Court.

The applicants have expressed apprehensions that they will not get justice from the tribunal where their cases were pending. “…The right of individuals to be dealt with in accordance with law is a universal code of justice,” one of the applications reads and refers to Article 4 of the Constitution which guarantees it.

It also says that the right to fair trial was the corner stone of justice and refers to Article 10-A of the Constitution. It says there were some legal flaws and defects in the election petition, which were substantial and material in nature and warranted dismissal of election petition.

It, however, says the tribunal not only called upon all the respondents of election petition but also summoned the entire record of election from the authorities concernedat the very first date of hearing. It says the petitioner of the election petition intends to deprive the applicant from his lawful right with mala fide intentions.

The ECP’s cause list has been shared with the media some two weeks after a new audit found that the declared winners on all three National Assembly constituencies from the federal capital had actually secured less votes compared to the ‘runners-up’.

Published in Dawn, June 4th, 2024