ECP reserves verdict on petition to change election tribunal in ICT constituencies
Pakistan
Three PML-N candidates won Islamabad seats on Feb 8
ISLAMABAD (APP) – The Election Commission of Pakistan (ECP) reserved its verdict on Tuesday regarding the petition seeking the replacement of election tribunal for three National Assembly constituencies of Islamabad Capital Territory (ICT).
A three-member bench, headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja, conducted the hearing of petitions filed by three member national assemblies (MNAs) of the Pakistan Muslim League-Nawaz, who were elected from the federal capital in the last February elections.
Petitioner Tariq Fazal Choudhry’s lawyer argued that according to the Code of Civil Procedure (CPC), the tribunal is under the Election Commission. He claimed that a candidate produced a document from his pocket, which the tribunal promptly accepted.
The lawyer stated that he would not directly quote the language of the Election Tribunal but would adhere to arguing legal points. Nevertheless, the tribunal began imposing fines on the petitioners for their failure to appear before it.
The tribunal’s remarks cannot be quoted. Furthermore, Form 45, (submitted by the PTI candidates), was accepted without being cross-checked.
The lawyer claimed that no legal regulation had been adopted and the proceedings were initiated. In response, Chief Election Commissioner Sikandar Sultan Raja inquired whether the lawyer meant to say that a witness would have been produced and cross-checked. The lawyer replied that the trial had not commenced while the judgment had already issued.
The CEC questioned whether the tribunal should proceed with its judgment. The lawyer argued that under the Election Act, the Commission has the authority to establish and change election tribunals as needed. They suggested appointing retired judges to lead additional tribunals instead. Urging a halt to tribunal proceedings, they emphasized the commission’s power to examine counter ballot boxes thoroughly.
The CEC queried the legal basis for halting the proceedings. The lawyer asserted that all powers under the CPC are vested in the Election Commission, allowing it to establish multiple tribunals. They questioned the High Court Registrar’s authority to handle such applications. The Election Commission reserved its decision, indicating that it will announce it later.
