SC overturns LHC decision regarding Punjabi election tribunals

A general view of the Pakistan's Supreme Court is pictured in Islamabad on April 6, 2022. - Pakistan President Arif Alvi told the country's election commission on April 6 to fix a date for a new national ballot, as the supreme court adjourned a hearing into the legality of political manoeuvres that led to parliament being dissolved. (Photo by Aamir QURESHI / AFP)

The reserved ruling on the Election Commission of Pakistan’s (ECP) appeal in the Punjab election tribunals case was pronounced by a five-member bigger bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa.

This week, earlier, the bench had reserved the verdict.

Justices Jamal Khan Mandokhel, Naeem Akhtar Afghan, Aqeel Ahmed Abbasi, and Amin-ud-din Khan also make up the bench.

Eight electoral tribunals were established earlier on June 12 by LHC CJ in compliance with the May 29 directive. The order had been contested before the SC by the ECP.

A ruling by a single bench of the Lahore High Court (LHC) cannot be regarded as a legal precedent, the Supreme Court of Pakistan ruled in its ruling today.

“The Chief Election Commissioner (CEC) and the LHC Chief Justice could have met and made a different decision, but the LHC did not take that into account,” the finding stated.

During the last hearing on September 24, attorney Hamid Khan objected and filed an appeal with the CJP to get out of the case, but CJP Qazi Isa rejected it. Salman Akram Raja’s attorney.

Hamid Khan was told to stay seated by the CJP, who said, “If you want to withdraw from the case, then you can.”

Hamid Khan, the attorney for Salman Akram Raaj, then departed the courtroom.

In the course of the proceedings, Justice Aqeel Abbas asked the ECP counsel if the tribunal’s case had been settled after consulting with the LHC.

According to the ECP’s attorney, the election commission would appoint the remaining four tribunals, with the CJP LHC having already constituted four.

Does this imply that the issues between the Chief Justice of LHC and ECP have been resolved? Aqeel Abbas, the Judge, requested advice.

“Yeah, the law was altered significantly, so ECP will now appoint four new tribunals,” he informed the attorney.

CJP ISA emphasised throughout the hearing that a number of legal concerns will be settled if the constitution is completely followed.

Regarding the establishment of the electoral tribunal, the CJP pointed out that the caseload ought to determine the number of tribunals. “It would be unfair to decrease the number of judges in relation to the cases that are pending,” CJP stated.

The absence of attorney Salman Akram Raja caused delays in the case, Justice Jamal Mandokhail further noted.

On this, the CJP commented on the inaccurate reporting by the media and denounced the dissemination of lies in order to generate revenue. “It is not the Supreme Court’s responsibility to provide ongoing clarifications on such matters.”

The ECP was given a week’s notice by CJP Isa to make sure the remaining tribunals are established.

He declared that they are not subject to the rulings of the Supreme Court and that they will not permit a stay order till the end of the current parliament term.

Qazi Faez Isa claimed that the deputy speaker had also broken the constitution by obtaining a stay order; perhaps because the deputy speaker has disappeared, there are disagreements, but they are not intended as an attack on the institutions.

It is important to mention that eight election tribunals were established by the LHC to deal with petitions pertaining to national and local legislatures. The ECP contested this ruling, claiming that the LHC lacked authority to make such a determination.