LAHORE: The Lahore High Court (LHC) on Thursday allowed an opportunity to the ECP to submit a reply to a petition challenging powers of the commission to appoint the election tribunals (ETs) and transfer poll disputes from one tribunal to another.

Justice Shahid Karim heard the petition filed by Advocate Salman Akram Raja, the PTI-backed independent runner-up candidate from NA-128, Lahore.

A legal adviser of the ECP appeared before the court and sought time to furnish a reply to the petition. The judge allowed the request and adjourned the hearing till June 26.

The petition asked the court to declare retired judges’ appointment by the ECP to head election tribunals without prior consultation with the LHC CJ illegal.

It assailed the vires of Section 151 of the Elections Act 2017, empowering the ECP to transfer election petitions from one tribunal to another and the Election (Amendments) Ordinance 2024 whereby Section 140 of the Act has been amended to empower the ECP to appoint retired judges to act as ETs.

The petition argued that the ECP powers regarding transfer of the election petitions from the tribunals were against the concept of the independence of judiciary and amounted to interference in its internal affairs.

It urged the LHC to strike down Section 151 for being unconstitutional and declare that the creation of a parallel stream of ETs, comprising ex-judges, was in contravention of the established constitutional principles.

Published in Dawn, June 21st, 2024