PTI challenges Supreme Court ruling on Punjab election tribunal formation

PTI's Salman Akram submitted petition which sought review of apex court’s September 30 ruling on tribunal appointments


News Desk October 29, 2024

Pakistan Tehreek-e-Insaf (PTI) has filed an appeal with the Supreme Court, challenging the formation of election tribunals in Punjab.

PTI leader Salman Akram Raja submitted the petition, seeking a review of the Supreme Court’s 30 September ruling on tribunal appointments, arguing that a meeting between the Lahore High Court (LHC) chief justice and the chief election commissioner should not influence tribunal changes.

Raja’s petition claims that only the chief justice holds the authority to appoint tribunal judges, a power that should remain independent of external influences.

He noted that the LHC’s Registrar initially appointed six tribunal judges in April, but those appointments were later reversed after a meeting between the court's chief justice and the chief election commissioner.

On June 12, the top court issued a ruling where it nullified an LHC single-bench decision favouring the ECP’s stance.

Former CJP Qazi Faez Isa led a five-member bench in issuing the unanimous decision, with Justices Jamal Khan Mandokhail and Aqeel Abbasi adding notes stressing caution in disputes involving constitutional institutions.

The PTI’s appeal underscores the need for a comprehensive review to protect judicial autonomy and prevent any influence on tribunal appointments from executive figures.

PTI files contempt against ECP in SC

The Pakistan Tehreek-e-Insaf (PTI) filed a contempt of court petition on Monday against the Election Commission of Pakistan (ECP) in the Supreme Court, accusing the commission of failing to implement the top court's reserved seats ruling.

The petition, submitted by PTI Secretary General Salman Akram Raja, made the chief election commissioner and provincial election commissioners respondents.

He contended that the court's decision and two subsequent clarifications "leave no doubt whatsoever" regarding PTI's entitlement to reserved seats.

He said that the ECP had not yet taken action on the judgment to finalise the election of lawmakers to the reserved seats. "This deliberate and contumacious failure to act in accordance with the judgment… renders the chief election commissioner as well as the four members of the ECP liable to proceedings for the contempt of the judgment of this honourable court," he argued.

The PTI leader urged the apex court to initiate contempt proceedings against the ECP and to direct it to comply with the July 12 verdict.

It is pertinent to note that the top court's full bench of 13 judges had ruled that PTI was eligible for reserved seats for women and non-Muslims in both national and provincial assemblies.

The ruling had come as a blow to the PML-N-led ruling coalition while potentially positioning PTI as the single largest party in Parliament.

The judgment declared PTI a parliamentary party, maintaining that 39 of the 80 MNAs listed by the ECP were PTI members. The remaining 41 independents were instructed to submit signed, notarised statements to the ECP within 15 days, indicating their affiliation with a specific party from the February 8 elections.

However, despite reminders and court warnings, the electoral watchdog has yet to implement the SC's directives.

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