Tangled tribunals

With an eye on cases pending before the Election Tribunals, in the backdrop of alleged irregularities in the February 8 ballot, a bill was rushed in the Senate to make it a law. The Elections (Amendment) Bill, 2024, passed by the upper house on Thursday provides for the appointment of retired high court judges as members of election tribunals. The treasury’s plea is that the legislation restores the ‘original provision’ in the Constitution, but the opposition cries foul over the intent and timing of enactment, and the way it has been bulldozed, without being referred to the relevant standing committee.

The composition of the tribunals and the power to appoint them have been mired in litigation for quite some time, with the chief justice of Lahore High Court saying that his office enjoyed the right to appoint serving judges under Article 219(c) read with Article 222(b) of the Constitution. While the Election Commission begs to differ, its argument is solely premised on questioning the interpretation of a single judge. To make it thick, an ordinance was promulgated to accommodate the electoral watchdog’s stance, which was duly transformed into a bill and passed by the National Assembly.

The Supreme Court is seized with an appeal to settle a raging controversy over who should appoint tribunals to decide election disputes, the commission or the high court. It seems the ECP’s frame of mind to manage the cases pending in tribunals will come full circle, and that too to the annoyance of the opposition, primarily the PTI, whose candidates have staked their claim to victory on February 8. Dozens of such appeals are in the tribunals, and with retired judges being in a position of vulnerability, the rightful dispensation of justice is anybody’s guess.

The bill, which saw many tweaks, including the maximum mandate of six month for tribunals to decide on an appeal, will act as a hangover and instant decisions will be a far cry. The point that a political discord on elections is being tangled for desired results puts the spirit of legislation in a bad taste.