ISLAMABAD: The Islamabad High Court (IHC) on Friday issued notice to the Attorney General on the petitions of Pakistan Tehreek-i-Insaf (PTI)-backed runners up for three NA seats from the federal capital against the Election Commission of Pakistan (ECP) proceeding on transfer of their election petitions and the recently promulgated law for appointment of retired judges as presiding officer of the election tribunals.
The petitioners Mohammad Shoaib Shaheen, Mohammad Ali Bukhari and Amir Mughal contested for three National Assembly seats of Islamabad.
They challenged the vires of Section 151 of Elections Act that empowered ECP to transfer election petition from one tribunal to another, and the Ordinance V of 2024, namely, the Elections (Amendment) Ordinance, 2024, promulgated on
May 27that allowed appointment of retired judges for the election tribunals.
Counsel for the petitioners contended that under section 151 of the Elections Act, 2017 (the Act), the power has been granted to ECP to transfer a matter pending before the election tribunal.
In this behalf, it was contended that power is not administrative in nature but a quasi judicial.
It was contended that dispute before election tribunal is of the nature where allegations have been leveled against ECP and it is trite law that no one can be a judge in his own case hence ECP ought not have the power to transfer.
It was submitted that in order to make scheme of law work, it would be appropriate that it should be read in section 151 ibid that the consultation of the chief Justice of the respective High Court is mandatory before power of transfer is exercised.
It was contended that even otherwise, Election Commission of Pakistan, in its impugned order, has requisitioned the record of election tribunal, which it could not have done.
Justice Farooq observed that “since vires of Federal Statute is in question”, and issued notice under Order XXVII-A to the Attorney General for Pakistan.
Further hearing in this matter has been adjourned till June 11.
Published in Dawn, June 8th, 2024
