Tribunal proceedings for NA-46 halted

IHC issues stay order while hearing a petition filed by PTI's Aamir Masood Mughal

ISLAMABAD:

The Islamabad High Court (IHC) has barred a tribunal from adjudicating an election dispute in the National Assembly's NA-46 constituency at the request of a Pakistan Tehreek-e-Insaf (PTI)-backed candidate, Aamir Masood Mughal.

The court has already stayed the tribunal's proceedings on two other Islamabad constituencies—NA-47 and NA-48—also at the request of PTI members.

IHC Chief Justice Aamer Farooq on Monday heard a petition filed by PTI-supported candidate Aamir Masood Mughal from NA-46, challenging transfer of his election petition to an election tribunal headed by Justice (retd) Abdul Shakoor Paracha.

At NA-46 constituency, PML-N's Anjum Aqeel Khan was elected as an MNA, The PTI-backed candidate later contested this victory.

After arguments, the IHC issued a stay order on Mughal's petition and directed the election tribunal to refrain from any proceedings concerning his election petition.

The bench also issued notices to the concerned parties and sought their replies. The IHC Registrar's Office will schedule the next hearing.

The election tribunal had earlier scheduled hearings for all three petitions related to Islamabad NA constituencies on December 24 (today).

In a surprising development, the Election Commission of Pakistan (ECP) on December 4 removed IHC's Justice Tariq Mehmood Jahangiri as the election tribunal head for Islamabad.

The decision was taken on applications filed by three PML-N leaders from Islamabad who sought the transfer of election petitions against them to another tribunal.

The move raised legal questions about whether the ECP could unilaterally remove a sitting judge appointed in consultation with the IHC chief justice.

The ECP, in three separate but identical orders announced by a four-member bench headed by Chief Election Commissioner Sikandar Sultan Raja, justified the move under Articles 218(3) and 10-A of the Constitution and Sections 3, 4 and 151 of the Elections Act.

The election petitions were transferred to the election tribunal for Rawalpindi division, presided over by Justice (retd) Paracha, who was granted jurisdiction over Islamabad Capital Territory as well.

"The previous notification of the election tribunal comprising Justice Tariq Mehmood Jahangiri for the Islamabad Capital Territory is hereby withdrawn. The office is directed to take follow-up action accordingly," the orders said.