Notice issued: Extension of election tribunals challenged in SHC

Masroor Ahsan argued that since the chief justices were not consulted, the extension was illegal.

KARACHI:

The Sindh High Court (SHC) on Friday issued notices to the Election Commission of Pakistan (ECP) and others to file comments for a petition questioning the legality of the recent extension in the tenure of the election tribunals allegedly without the consultation of the provincial chief justices.

In Sindh, currently numerous election petitions challenging the results of the May 11 general elections held on different National and provincial assembly constituencies, including that won by Chief Minister Syed Qaim Ali Shah, are pending disposal before the election tribunals.

A division bench, headed by the Justice Munib Akhtar, directed the deputy attorney general to file the ECP secretary’s comments by July 17.

A former senator Masroor Ahsan had approached the SHC to question the legality of the election tribunals’ tenure extension and named the top election body and others as respondents. He submitted that the ECP had constituted election tribunals under Section 67 of the Representation of Peoples Act, 1976, to hear and decide the complaints relating to the violations of the laws and code of conduct in the general elections held on May 11, 2013, in all provinces.

The petitioner told the two judges that the tribunals’ term had expired and the Supreme Court had ruled that the extension in the tenure of such tribunals be made by the election commission after consulting all the provincial chief justices.

The former senator said that the tenure of the election tribunals had expired on June 30 and, therefore, the ECP secretary extended their tenure by six months without consulting the provincial chief justices, which is binding by virtue of the apex court’s ruling.

He argued that since no consultation has been held with the chief justices, the recent extension is illegal and pleaded that they be stopped from functioning. The bench, after hearing preliminary arguments, issued notices to the ECP and others to file their comments by July 17.

There are a total of 10 election petitions pending with the election tribunal at Karachi, said an official, adding that the four pleas relate to the elections held on different constituencies in Karachi and six in Sukkur.

The official, wishing not to be named, explained that the six petitions were transferred to the Karachi tribunal after the tribunal at Sukkur reportedly stopped proceedings last month following the resignation of its presiding officer, Zaheeruddin Leghari.

Published in The Express Tribune, July 13^th, 2014.