PESHAWAR, June 26: The Peshawar High Court, dismissing two identical writ petitions, ruled on Wednesday that the election tribunals formed by the chief election commissioner were competent to hear election disputes arisen during local government elections.
A two-member bench of the court, comprising Justice Khalida Rachied and Justice Shehzad Akber Khan, observed that though the Local Government Elections Ordinance 2000 had been replaced by the NWFP Local Governments Ordinance 2001, but the rules framed under the polls law were given protection in the existing law.
Petitioners — Nowshera District Nazim Sher Zaman Sher and Latambar Union Council, Karak District, Nazim Saab Gul — in their requested the high court that the hearing of election petitions against them by the election tribunal should be declared as illegal.
Rival candidates of the Nazimeen had challenged their elections stating that they did not fulfil the qualification required for contesting polls for the post of Nazim. Sher Zaman was charged with possessing fake educational degree whereas Swab Gul was accused of being under-age when he contested polls.
The bench had reserved its judgment on April 25 after hearing arguments of both the parties.
Advocates M Sardar Khan and Muzzamil Khan represented the petitioners and contended that the functioning of election tribunals were illegal. They stated that the election tribunals had been constituted under Rule 74 of the Local Governments Elections Rules whereas the petitions had to be filed under Rule 71.
The rules had been framed under the Local Governments Elections Ordinance 2000, which stood repeal after the promulgation of the Local Governments Ordinance 2001, they said and added that as the main law remained defunct, therefore the rules under which the tribunals were formed also ceased to exist.
The respondents contended that amendments had been made in Section 196 of the Local Governments Ordinance 2001 through which the rules framed under the previous law were given protection to the extent that it should not be in conflict with the main ordinance.
Under Section 161 of the ordinance the chief election commissioner was empowered to appoint any authority to hear election disputes, they said and added that the rules were not in conflict with Section 161 of the ordinance thus the tribunals constituted by the commissioner were fully competent to hear the election disputes.