ISLAMABAD: The Islamabad High Court (IHC) chief justice on Thursday stopped the election tribunal from hearing the three petitions of Pakistan Tehreek-i-Insarf (PTI) candidates seeking to denotify the election results of three NA seat from Islamabad in which PML-N candidates were declared winners.

IHC Chief Justice Aamer Farooq while hearing the petitions of PTI’s candidates Shoaib Shaheen, Mohammad Ali Bukhari and Amir Masood Mughal issued the restraining order against the trial proceeding, however, he did not stop the tribunal from summoning the record from the respondents.

CJ Farooq was of the view that since the petitioners have challenged the vires of the Presidential Ordinance that changed the process for the appointment of presiding judge for the Election Tribunal by amending the relevant provision in the Elections Act, therefore, it would be unfair if the matter would decide without hearing the either side.

Justice Farooq pointed out that the petitioners also challenged Section 151 of the Elections Act, that empowers the Election Commission of Pakistan (ECP) to transfer the Election Petition from a tribunal exercising suo moto powers or deciding an application.

The counsel for PML-N lawmaker argued that the court had restored the Tribunal without setting aside the decision of the ECP that transferred the Election Petitions from the tribunal headed by Justice Tariq Mehmood Jahangiri to the tribunal comprising retired Justice Abdul Shakoor Paracha.

He claimed that the ECP being a constitutional forum exercised the legal course to transfer the Election Petitions.

Mr Shaheen pointed out that the court order was not complied with so far and the relevant record has not been transferred to the tribunal.

Justice Farooq remarked that he would pass an appropriate order in this matter and hinted that the case would be heard on daily basis from the next date of hearing on July 22.

Earlier, Election Tribunal comprising Justice Jahangiri directed the Returning Officer to submit Form 45, 46 and 47.

Further hearing in this matter has been adjourned till next week.

Published in Dawn, July 12th, 2024