The Supreme Court also suspended the Election Commission’s notification dated April 26.
ISLAMABAD: The Supreme Court has suspended the Lahore High Court‘s decision and the Election Commission’s notification following an appeal by the Election Commission against the formation of election tribunals.
The Supreme Court also suspended the Election Commission’s notification dated April 26.
In its order, the Supreme Court stated that the consultation process can only proceed after the appointment of the new Chief Justice of the Lahore High Court. Once appointed, the Election Commission must initiate consultations immediately.
The Lahore High Court’s decision and the Election Commission’s notification regarding the tribunals will remain suspended until the next hearing, with the case being adjourned indefinitely.
Today, a five-member larger bench headed by Chief Justice Qazi Faiz Isa, including Justices Aminuddin Khan, Jamal Mandukhel, Naeem Akhtar Afghan, and Aqeel Abbasi, conducted the hearing on the formation of tribunals.
At the outset of the hearing, the Election Commission’s lawyer asserted that the formation of election tribunals falls within the Election Commission’s jurisdiction.
During the proceedings, PTI leaders objected to Chief Justice Qazi Faiz Isa presiding over the bench. PTI lawyer Niazullah Niazi stated their objection for the record, requesting the case to be assigned to another bench.
Responding to this, Chief Justice Qazi Faiz Isa acknowledged the objection and directed Niazullah Niazi to proceed while the Election Commission’s lawyers presented their arguments.
Chief Justice Qazi Faiz Isa then asked PTI’s lawyer Salman Akram Raja why no objection was raised during the initial hearing when they were asked. Salman Akram Raja clarified that he did not personally object at that time.
The Chief Justice emphasized that the bench composition was not his decision, indicating it was formed by a committee. He expressed frustration over objections raised during the hearing, stating that such behavior would be referred to the Pakistan Bar Council for action.
The court continued with arguments from the Election Commission’s lawyer Sikandar Bashir, who addressed the court’s previous orders and the request for records regarding tribunal formations in other provinces.
Justice Aqeel Abbasi emphasized the importance of submitting the Election Commission’s February 15 letter, questioning its request for a panel and the authority to influence the Chief Justice’s decisions on tribunal appointments.
Chief Justice Qazi Faiz Isa highlighted that consultation between the Election Commission and the Chief Justice of the Lahore High Court should resolve any issues, expressing concern over delays in communication.
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The Election Commission’s lawyer mentioned that they had requested a meeting with the High Court’s Registrar but had not received a response, prompting further discussion among the justices.
Justice Aminuddin Khan and Justice Jamal Mandukhel underscored the mandatory nature of consultation with the Chief Justice, addressing logistical concerns regarding tribunal judge assignments.
Justice Jamal Mandukhel expressed concern over potential conflicts among constitutional institutions, warning of adverse consequences for the country if such disputes persist.
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