A heated exchange took place between Chief Election Commissioner (CEC) Sikandar Sultan Raja and Advocate Faisal Chaudhry during the hearing on petitions to transfer the election tribunal at all three constituencies in Islamabad on Wednesday.
Last month, the Islamabad High Court (IHC) had set aside the Election Commission of Pakistan's (ECP) decision to shift election petitions related to alleged rigging in the Feb 8 general polls at three constituencies in the capital from one election tribunal to another.
The IHC unveiled the order it had reserved on July 30 while hearing petitions filed by the Pakistan Tehreek-e-Insaf's (PTI) Shoaib Shaheen, Aamir Mughal and Ali Bukhari.
Shaheen, Mughal and Bukhari had lost the Feb 8 general elections on the National Assembly seats from Islamabad to candidates from the Pakistan Muslim League-Nawaz (PML-N). They had challenged the victories of their opponents in a tribunal led by IHC's Justice Tariq Mehmood Jahangiri.
However, the election supervisor, while hearing some complaints filed by the returned candidates from the PML-N, transferred the PTI candidates' petitions to a tribunal headed by a retired judge, Abdul Shakoor Paracha. This new tribunal was formed after the Elections Act, 2017 was amended through a presidential ordinance, the Election Act (Amendment) Ordinance, 2024. The IHC had on June 24 suspended the ECP order to change the Islamabad Election Tribunal and reinstated the tribunal comprising Justice Jahangiri.
On Wednesday, a four-member bench of the ECP led by the CEC heard the PTI leaders' petitions.
Advocate Faisal Chaudhry represented Aamir Mughal and the lawyer for Anjum Aqeel Khan appeared before the ECP.
Addressing Anjum Aqeel Khan's lawyer, the CEC asked what they wanted to which the counsel replied that amended petitions had been submitted but no response had been received despite two hearings.
Faisal Chaudhry sought more time for his response, saying he had to submit his 'vakalatnama' (power of attorney).
"Do not try to dictate to us," the CEC remarked to which Faisal Chaudhry retorted, "lower your voice, we are not here to be disrespected".
Faisal Chaudhry asked the CEC to give a decision on their application.
Despite efforts by PTI leader Fawad Chaudhry to convince Faisal Chaudhry to apologise to the ECP, the counsel refused to do so.
Faisal Chaudhry informed the ECP that Aamir Mughal's son had reported difficulties in contacting his father.
The ECP directed Faisal Chaudhry to submit his response by 11:30am but he replied that it was impossible to do so without first contacting his client.
Fawad Chaudhry requested the CEC to accept an apology for Faisal Chaudhry but he left the courtroom.
As the hearing resumed, Anjum Aqeel Khan's lawyer expressed their lack of trust in the tribunal judge.
He argued that removing an elected public representative who had garnered thousands of votes required strict standards and that the tribunal should not force parties to appear for hearings. He referenced Supreme Court rulings, noting that no party could be compelled to attend a hearing.
Faisal Chaudhry said they would submit their response and requested a new hearing date.
Anjum Aqeel's lawyer argued that the laws surrounding election petitions were stringent and that it was not easy to unseat a candidate elected by thousands of voters.
Later, the CEC adjourned the hearing of the case until Oct 17.
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