ISLAMABAD (Dunya News) - The Islamabad High Court (IHC) Chief Justice Aamer Farooq heard the case filed by Pakistan Tehreek-e-Insaf (PTI) against the Election Amendment Act today.
PTI counsel Ali Bukhari appeared before the court and presented the arguments.
He stated that provision of appointment of retired judges on election tribunals was included in the Election Act through amendment and the section on consultation of chief justice high court for the appointment of judges was removed.
The counsel contended that the consultation with the chief justice was needed and other parties could have reservation on the court order.
Counsel Shoaib Shaheen requested formation of a larger or division bench on the case. CJ Aamer Farooq remarked that a larger bench would be made on the case after the response of the other party.
Consequently, the court has sought Attorney General for assistance by suggesting formation of a larger bench on application against the Election Amendment Act.
The court has fixed the case hearing within the next 10 days by issuing notice to the Ministry of Law and Election Commission (ECP) to submit a response within 10 days.
ELECTION AMENDMENT LAW
The acting President Yousaf Raza Gillani issued the Election Act Amendment Ordinance 2024 on May 27, mandating to appoint retired judges along with on-service judges on election tribunals.
The Senate had on July 8 passed the Election Amendment Bill while the National Assembly on June 28.
President Asif Ali Zardari on Monday signed off on a controversial bill into law to appoint retired high court judges to poll tribunals to settle electoral disputes.
The Elections (Amendment) Bill, 2024, empowers the ECP to appoint retired high court judges to elections tribunals without the need to consult chief justices of the relevant apex courts..
It is pertinent to note various applications in Lahore High Court have also been filed against appointment of retired judges on election tribunals.
PTI alleged that the appointment of retired judges was to target their party and requested the court to declare the act illegal.