ISLAMABAD, Dec 30: With the general election around the corner, dozens of election petitions are still pending with the tribunals set up for the 2008 polls.
Official data show that 272 petitions were filed after the 2008 elections and 46 of them still remain undecided.
In addition, a decision on a petition challenging the election of Sheikh Alauddin from the Punjab Assembly constituency PP-181 (Kasur) is pending with the Lahore High Court.
The pending petitions include those against JUI-F chief Maulana Fazlur Rehman (NA-26, Bannu), former interior minister Aftab Ahmad Khan Sherpao (NA-8, Charsadda), Chaudhry Moonis Elahi (PP-110, Gujrat), former defence minister Aftab Shabaan Mirani (NA-202, Shikarpur) and Sardar Talib Hussain Nakai.
A petition challenging the election of Sumaira Malik as an MNA on a PML-Q ticket from NA-69, Khushab, by her rival candidate Malik Umar Aslam Khan, alleging that the results had been changed and state machinery was used by Ms Malik (whose spouse is a bureaucrat) is also pending since April 2008.
Petitions against Khyber Pakhtunkhwa Sports and Youth Affairs Minister Syed Zahir Shah (PF-2, Peshawar), Minister for Prisons Mian Nisar Gul (PF-40, Karak), Minister for Labour Haji Sher Azam Khan (PF-71, Bannu), Minister for Housing Amjad Khan Afridi (PF-37, Swabi) and Parliamentary Secretary for Planning and Development Mufti Ajmal Khan (NA-15, Karak) are also pending.
In Sindh, petitions against Tourism Minister Mohammad Ali Malkani (PS-87, Thatta), Mir Hassan Khoso of PPP (PS-15, Jacobabad) and Mir Ghalib Hussain Domki (PS-18, Kashmore) also remain undecided.
Petitions filed by a former speaker of National Assembly, Syed Fakhr Imam, against Mohammad Raza Hayat Hiraj (NA-156, Khanewal), former National Reconstruction Bureau (NRB) chairman Daniyal Aziz against Mohammad Tariq Anis (NA-116, Narowal), and Lt-Gen (retd) Salahuddin Tirmizi against Sardar Shah Jehan (NA-20) have not been decided over the years.
The state of affairs has prompted the Election Commission of Pakistan (ECP) to hire the services of retired district and session judges as election tribunals.
“The serving judges due to heavy workload could not decide the cases in time,” an official said.
The tribunals will be required to decide election cases within 120 days after filing of a petition, after daily hearing.
The commission had asked the registrars of high courts to suggest names for the tribunals for their provinces. The chief election commissioner and four members of the commission representing the provinces selected 10 retired district and session judges from every province from the panels nominated by the registrars.
The Election Commission of Pakistan planned to form five tribunals in Punjab and three each in rest of the provinces for the coming elections, but the number could be changed keeping in view the quantum of election disputes, an official said.
He said the tribunals would act independently, but their salaries and office expenses will be borne by the Election Commission of Pakistan.
Under the newly adopted procedure, the selected judges will be hired for one year, extendable for another year.
Thirty-one tribunals had been appointed for petitions relating to the 2008 elections.
Article 225 of the Constitution, read with Section 52 of the Representation of the People Act, provides that no election can be called into question except by an election petition filed by a candidate.
