ECP’s decision to change election tribunal wrong: IHC

PTI lawyer contends commission cannot hear cases where it is a party

ISLAMABAD:

Islamabad High Court (IHC) said on Wednesday that the decision to transfer the election tribunal was wrong. 

The court heard PTI’s petition against the ongoing proceedings related to the Election Amendment Ordinance and the change of tribunal in the Election Commission of Pakistan (ECP).

During the proceedings, Chief Justice Aamer Farooq stated that the contradiction in the law would be addressed separately, adding that the issue of changing the election tribunal was separate from the contradiction in the law.

The lawyer for Aamir Mughal, Faisal Chaudhry, completed his arguments, while the lawyers for Shoaib Shaheen and Ali Bukhari will continue their arguments on Thursday (today). 

Faisal Chaudhry, representing Aamir Mughal, opposed the apology of Anjum Aqeel Khan and argued that the contempt of court case against him should be heard first, noting that Anjum was seeking an apology from the court for contempt of court.

The court remarked that the contempt of court case would be heard separately and that a show-cause notice might need to be issued. If a show-cause notice is necessary, there is a full procedure to follow, and if the court is not satisfied, a full trial may also occur.

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Shoaib Shaheen’s lawyer began his arguments by stating that changing judges of the higher judiciary was unconstitutional. 

He contended that the ECP was an administrative body and could not hear cases where it was a party. The appointment and transfer of the election tribunal should be done by the judiciary in consultation with the chief justice of the relevant high court. 

Faisal Chaudhry argued that the tribunal for Islamabad cannot be established in another province. After Chaudhry's arguments, Ali Bukhari's lawyer, Ashfaq Naqvi, argued that even under the new election amendment, consultation with the chief justice of the high court was necessary. 

He stated that the ECP cannot change a sitting judge of the high court and that no objections were raised to his request before or after filing a transfer request with the commission.  

The court adjourned the hearing until 1:30 pm today (Thursday).

Meanwhile, in a separate development, an Islamabad election tribunal ordered the returning officer to submit records of Form 45 uploads in the case against alleged rigging in the NA-47 elections, adjourning the hearing.

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Justice Tariq Mahmood Jahangiri of the election tribunal conducted the hearing on the petition against alleged rigging in the NA-47 elections in Islamabad. 

During the hearing, lawyer Tariq Fazal Chaudhry stated that he had submitted responses and Forms 45, 46, and 47. 

Meanwhile, PML-N MNA Dr Tariq Fazal Chaudhry requested the dismissal of Shoaib Shaheen's petition as inadmissible, citing that Section 145 of the Election Act gives the tribunal the power of suo motu action and the tribunal can dismiss the request.

The ECP’s lawyer stated that there was no separate record for the EMS; it is a system meant to work electronically. The presiding officer was supposed to upload photos to the system, which was with the RO, not the presiding officers, who were to send snapshots. 

The tribunal ordered the returning officer to submit records of when Form 45 was uploaded to the EMS and adjourned the case until July 15.