Islamabad High Court rules against ECP’s decision to change election tribunal judge

The court’s verdict reinstates Justice Jahangiri following objections from PTI candidates.

The Islamabad High Court (IHC) has nullified the Election Commission of Pakistan's (ECP) decision to replace Justice Tariq Mehmood Jahangiri, the head of the election tribunal, in a significant ruling on Wednesday.

Chief Justice Aamer Farooq, presiding over the case, declared that the ECP’s move to appoint a retired judge to the tribunal was invalid.

The court has directed the ECP to revisit its decision and reconsider the tribunal's composition.

The dispute began when Pakistan Tehreek-e-Insaf (PTI) candidates Shoaib Shaheen, Aamir Mughal, and Ali Bukhari challenged the ECP’s order.

They argued that the tribunal's replacement undermined the impartiality of the proceedings.

The ECP had previously accepted petitions from Pakistan Muslim League-Nawaz (PML-N) lawmakers to transfer the election tribunal, citing concerns of bias.

During the court session, Chief Justice Aamer Farooq emphasised that the issue of tribunal replacement is distinct from the broader legislative contradictions highlighted in the case.

He noted that the court’s written decision would be issued shortly.

The IHC's decision reinstates Justice Jahangiri, reversing the ECP’s earlier move and mandating that the commission address the tribunal's configuration once again.

The court has adjourned further proceedings to allow the ECP time to comply with the new directive.

In a related development, an Islamabad election tribunal has ordered the returning officer to submit records concerning Form 45 uploads amid allegations of rigging in the NA-47 elections.

The tribunal, led by Justice Jahangiri, is continuing to examine these allegations.

This ruling marks a significant intervention by the judiciary in the electoral process, reflecting ongoing tensions between the ECP and various political factions over the administration of elections.

IHC bars election tribunals hearing

The court’s Chief Justice, Aamer Farooq, expressed discontent with the ECP’s actions, questioning the legality and necessity of the changes made to the tribunal.

The controversy began when PTI-backed candidates Muhammad Ali Bokhari, Shoaib Shaheen, and Aamir Mughal challenged the results of the general elections held earlier this year, alleging rigging in Islamabad constituencies.

They argued that the tribunal, led by Justice Tariq Mahmood Jahangiri, was biased and sought its replacement.

In response, the ECP had replaced Justice Jahangiri with a retired judge, a move contested by PTI leaders and questioned for its procedural correctness.

The IHC has now directed the ECP to reconsider its decision, emphasising that the issues regarding the tribunal's impartiality and the election amendment ordinance are separate matters.

Further complicating the situation, the IHC issued a contempt notice to PML-N MNA Anjum Aqeel Khan for his role in the tribunal change.

The court also ordered that PML-N MNA Dr Tariq Fazal Chaudhry appear personally and directed the ECP to provide better legal representation in future hearings.

The case has been adjourned, with the tribunal demanding transparency in the handling of election records.

SC to intervene if ECP found guilty

Earlier this year, Supreme Court Chief Justice Qazi Faez Isa addressed the ongoing dispute regarding the Election Commission of Pakistan’s (ECP) handling of electoral matters, specifically focusing on reserved seats and the party ticket issues from the general elections.

The Supreme Court is scrutinising whether the ECP has acted constitutionally in its decisions, including the allotment of reserved seats and the legal status of party tickets.

Justice Isa highlighted that the Supreme Court would only intervene in the ECP’s affairs if there is clear evidence of constitutional violations.

He questioned the legality of the ECP’s actions and the contradictory stances taken by the Commission.

Chief Justice Isa emphasised that the court’s role is to ensure constitutional compliance, and it will only take action if the ECP’s actions are proven to contravene the Constitution.