Tribunal plea raises valid points: LHC

Court orders AGP, ECP to submit replies to petition

LAHORE:

In an interim order on a petition filed against appointment of retired judges as election tribunals, the Lahore High Court (LHC) has noted that the petitioner has raised some valid questions.

The LHC on July 15 allowed Salman Akram Raja, the lawyer for the Sunni Ittehad Council (SIC), to make changes in a petition filed against an ordinance that amended the Election Act, 2017 in order to allow appointment of retired judges as election tribunals.

Taking up the SIC’s petition, LHC Justice Shahid Karim had noted that the petition was filed against the presidential ordinance but now the government had turned the amendments into an act of parliament.

He suggested that the petition should be amended in view of the subsequent development. The SIC’s counsel agreed with the proposal to resubmit the petition.

Raja contended in the petition that LHC chief justice had ordered the Election Commission of Pakistan (ECP) to appoint some judges as election tribunals but the government instead of implementing the order issued an ordinance allowing appointment of retired judges to adjudicate election petitions.

He requested the court to declare the appointments of retired judges to election tribunals illegal and unconstitutional. He also prayed for suspension of the ordinance until a final decision.

Meanwhile, a citizen, Munir Ahmed, also filed a similar petition contending that the amended act was passed to target a political party—the PTI.

He noted that similar matters are currently under consideration in the LHC and other courts. The plea requested the court to declare the Election Amendment Act 2024 illegal and restore the old tribunals.

Addressing the plea, Justice Karim noted that it raised valid points. The court also ordered the attorney general for Pakistan and the ECP to submit a reply to the petition.