ISLAMABAD: The Election Commission of Pakistan on Thursday reserved verdict on applications of PML-N’s lawmakers from Islamabad Anjum Aqeel and Raja Khurram Nawaz seeking transfer of poll petitions filed against them with the only tribunal for the federal capital.
A four-member bench of the commission headed by Chief Election Commissioner Sikandar Sultan Raja reserved judgement after completion of arguments from both sides.
All the three members of the National Assembly from Islamabad had filed petitions seeking change of tribunal and a verdict on PML-N lawmaker Dr Tariq Fazal Chaudhry had already been reserved. PTI’s Ali Bukhari and Raja Khurram Nawaz appeared with lawyers.
The counsel for PTI’s losing candidate from NA 48, Ali Bukhari argued that the amended application from the PML-N candidate Raja Khurram still lacks substantial grounds for change of the election tribunal.
The lawyer also pointed out discrepancies in NA-48, polling stations, specifically at Shaheed Osama School, where 1,400 ballot papers were issued but 1,800 votes were cast. Raja Khurram Nawaz’s lawyer contended that the law allows amendments. Similarly, Anjum Aqeel’s request for change of the tribunal was also heard, whereas Faisal Chaudhry, counsel for Amir Mughal of PTI submitted a written reply and objections to PML-N’s lawmaker.
The Election Commission of Pakistan (ECP) had in June constituted an election tribunal headed by a retired high court judge for Rawalpindi and Islamabad and ordered transfer of petitions against all the three MNAs from the capital pending before an election tribunal, comprising Justice Tariq Mehmood Jehangiri to it.
Announcing its reserved judgement on applications filed by PML-N lawmakers Dr Tariq Fazal Chaudhry, Anjum Aqeel Khan and Raja Khurram Shehzad Nawaz, a four-member bench of the ECP ordered the transfer of the petitions against them to the tribunal formed on the basis of an impugned ordinance that empowers it to appoint retired judges as poll tribunals.
The Islamabad High Court (IHC) had in September annulled the Election Commission of Pakistan’s decision to change the judge of election tribunal.
A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq announced his reserved judgment in the petitions challenging the Elections (Amendment) Ordinance, 2024 related to transfer of a matter pending before the election tribunal.
Pakistan Tehreek-i-Insaf (PTI) leader Shoaib Shaheen, Syed Ali Bukhari and Aamer Masood had moved five separate petitions through their counsel including Barrister Sajeel Sherhyar Swati, Umair Baloch and others while the bench had reserved the judgement after hearing the arguments of both the sides. Besides allowing the petition, Justice Aamer also sent the matter back to the ECP to decide it again.
Published in Dawn, October 25th, 2024
