ISLAMABAD: The Supreme Court was informed on Tuesday that four out of the eight election tribunals in Punjab have become operational to address election disputes, while the remaining will be notified by the Election Commission of Pakistan (ECP) soon.
Consequently, a five-judge SC bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, directed Advocate Sikandar Bashir Mohmand, the counsel for ECP, to ensure the tribunals continue functioning, while the court may issue the final order in a couple of days.
The Supreme Court was hearing an ECP appeal seeking a final determination whether the commission or the Lahore High Court (LHC) holds primacy in the appointment of election tribunals.
The appeal had requested the SC to overturn the LHC ruling that under Article 219(c), read with Article 222(b) of the Constitution, the high court chief justice has pre-eminence or dominance in matters of appointment of election tribunals under Section 140 of the Elections Act 2017.
At the last hearing on July 4, the apex court had suspended the LHC’s June 12 notification for constituting eight different election tribunals in Punjab, as well as the high court’s determination that its chief justice has the final say in the appointment of tribunals to settle election disputes.
The apex court had also directed that a meaningful consultation be held between recently appointed LHC Chief Justice Aalia Neelum and Chief Election Commissioner Sikandar Sultan Raja for the formation of tribunals. While issuing the order, CJP Isa had expressed confidence that the ECP would act reasonably during the meeting, conducting itself in a manner that inspires confidence.
On Tuesday, the ECP counsel told the court apex court that the commission will soon notify the rest of the tribunals by appointing four retired judges of high courts.
When Justice Aqeel Abbasi, a member of the bench, inquired whether the LHC chief justice had approved the appointment of retired judges, the ECP representative explained that, although the meeting minutes did not explicitly mention it, approval had been granted.
As per the ECP reply, Justice Abbasi observed, it seems the controversy has been resolved after consultation with the high court.
Justice Jamal Khan Mandokhail observed that the commission did not have the authority to reject the panel of judges forwarded by the high court, as this power was subject to consultation with the chief justice of the high court. He said the ECP cannot request a panel of judges from the high court chief justice to be appointed as tribunals. CJP Isa observed that matters should be solved with mutual consultations between the parties.
Advocate Salman Akram Raja, who had earlier moved a review petition, contended that he had challenged the appointment of retired judges in the high court. He had also filed a petition seeking to revisit its July 4 order of suspending the LHC notification, arguing that the ruling had exposed the entire process of adjudication of election disputes in Punjab to the whims and arbitrary desires of the ECP.
The chief justice regretted that while court reporting was previously based on facts, it is now only about earning dollar, in an apparent refernce to YouTube monetisation.
Published in Dawn, September 25th, 2024
