Judicial process: ECP defers issuing notifications of tribunals

Commission legally bound to consult provincial chief justices.

ISLAMABAD:

The Election Commission of Pakistan (ECP) was all set to issue notifications of election tribunals, headed by retired District and Sessions judges, to investigate complaints regarding May 11 elections before a legal hitch deferred the matter altogether. 

“The commission was about to issue notification of the tribunals in the next couple of days but now it will be done after consultation with the provincial chief justices,” a senior ECP official told The Express Tribune.

While explaining the process, he said that the ECP had hired retired judicial officers for the first time on contract.

The commission was supposed to issue notifications on Tuesday (today) but could not do so due to a judgment of the Supreme Court, he added.

According to the SC judgment, the official said the commission was supposed to consult with the provincial chief justices before issuing notifications of the election tribunals since retired officers had to start the judicial process.

Responding to a question, he said, “The time for issuance of notifications, which will allow the officials to start working, cannot be determined at this juncture since the commission has to go through the process of consultation with the relevant chief justice.”



The ECP had approved the formation of 14 election tribunals – five in Punjab and three each in all provinces to decide disputes during general elections within 120 days of filing of a petition.

The issue came up when the registrar of the Sindh High Court wrote a letter on Monday to the commission expressing reservations over tribunals as they were being set up without the consultation of the SHC chief justice.

The ECP had constituted three election tribunals in Sindh to hear petitions regarding violations of the election laws.

A source in the provincial election commission’s office said they had received a letter from the SHC Registrar’s Office objecting to the process. Realising its mistake, the election body immediately took the decision to dissolve the tribunals and contacted the provincial high court for consultation.

Provincial election commissioner S M Tariq Qadri admitted that the commission was legally bound to consult with the respective provincial chief justice prior to the establishment of tribunals.

“We have dissolved all three tribunals established earlier and requested the SHC chief justice to nominate judges for the tribunals,” Qadri confirmed. On the other hand, judicial sources told The Express Tribune that the high court was still considering names of the judges who would constitute the tribunals.

Reserved seats

Meanwhile, the Balochistan High Court (BHC) issued a stay order over the allocation of reserved seats for women and minorities.

“We had to issue the notification today (Monday) but could not do so due to the order of the BHC,” an ECP official said.

“We are not clear whether the BHC had barred us from issuing notifications for reserved seats of the provincial assembly of Balochistan or the entire country, therefore, we have not issued notifications for the time being in order to have clarity,” he added.

The commission had issued notifications of the winning candidates of National and provincial assemblies on May 22 and had given three days to political parties to name their candidates for reserved seats.

Earlier in the day, the BHC issued an order on the distribution of reserved seats for women and minorities on a petition filed by the National Party.

Dr Ishaq Baloch, vice president NP, had filed a petition contending that the NP had won seven seats of the provincial assembly and one independent had joined the party but the commission had issued six notifications.

He urged in his petition that unless the final results are announced, reserved seats for minority and women should not be issued.

The divisional bench of the BHC accepted the petition and directed the ECP not to take any decision in this regard till next date of hearing.

Published in The Express Tribune, May 28^th, 2013.