ISLAMABAD: A five-judge Supreme Court bench will take up today (Thursday) the appeal of the Election Commission of Pakistan to settle a raging controversy over who should appoint tribunals to decide election disputes, the commission or the Lahore High Court (LHC).

Earlier on June 20, Chief Justice of Pakistan (CJP) Qazi Faez Isa had ordered placing the ECP’s appeal before the special committee under the Practice and Procedure Act, 2023, for constitution of the five-judge larger bench. However, the CJP then had ignored the ECP’s request to overturn the May 29 LHC order.

Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the bench will consist of Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan and Justice Aqeel Ahmed Abbasi.

On May 29, LHC had held that under Article 219(c) read with Article 222(b) of the Constitution, CJ-LHC enjoyed primacy in the appointment of election tribunals under Section 140 of the Elections Act, 2017.

According to ECP the interpretation of the single judge does not accord with Articles 219(c), 222(d) and its proviso, 225 of the Constitution and sections 140(1) and (3) and 151 of the Elections Act.

Published in Dawn, July 4th, 2024