The Election Commission postponed the hearing of the case related to the change of Election Tribunal of Islamabad till tomorrow, reported 24NewsHD TV channel on Thursday.
A four-member bench headed by Chief Election Commissioner Sikandar Sultan Raja heard the case.
Petitioners Pakistan Muslim League (PML-N) leader Tariq Fazal Chaudhary, Anjam Aqeel Khan and Raja Khurram Nawaz are present in the court room.
During the hearing, the lawyer of Pakistan Tehreek-e-Insaaf (PTI) said that the matter is going on in the Islamabad High Court, postpone the hearing for a while, the candidate Shoaib Shaheen will come for some time, on this occasion, the candidates of PML-N opposed the postponement of the hearing.
Later, the member Balochistan said that the stay has not yet come from the court, along with this, the Election Commission rejected the PTI lawyer's request. The Chief Election Commissioner remarked that after listening to the arguments of the petitioner, you should take notes, later the lawyer of Muslim League (N) leader Anjum Aqeel Khan started the arguments and said that the first decision was made in the absence of the candidate in the tribunal. Granted, Forms 47 and 45 directed by the Tribunal should be collected, we wrote that the Election Commission has notified the returning candidates, the Tribunal is a body created by the Election Commission, the Tribunal cannot issue instructions to the Election Commission.
He said that on May 30, lawyers and League candidates appeared before the tribunal, we feel that the tribunal is not giving us time and the matter is being rushed.
On this occasion, Shoaib Shaheen also reached the court room, Shoaib Shaheen said that we have challenged the order of the Election Commission, the decision is yet to come, maybe we will get a stay, please give us time till Monday.
On this, the Chief Election Commissioner said that if there is an order from a court not to hold or stop the hearing, then bring it. There are no registrars, the first decision was given in the absence of the candidate in the tribunal, the forms 45 and 47 directed by the tribunal should be collected, we wrote that the Election Commission notified the rating candidates, the election tribunal at the appointed time, even after the petitions were fixed for hearing.
Lawyer PML-N said that the election tribunal sent notices to all the parties to submit their answers, the tribunal also instructed the election commission to issue notices. Can the tribunal give directions? The body which created the Election Tribunal can give instructions to it? PML-N lawyer said that the tribunal cannot give instructions to the Election Commission.
Member Sindh Nisar Durrani said that the election tribunal must have given the instructions to the ROs, the lawyer said that the assembly members were given a last chance despite the fact that the testimony was not taken, the election tribunal did not give us a chance, the election tribunal method, not working, we objected that the petitions were filed illegally, the Election Tribunal gave the petitioner an opportunity to correct the errors in the petitions, we fear that justice will not be served by the Election Tribunal, Code of Civil Procedure can be applied in this case, both sides are to be heard in this case, if one of the parties is not heard then it is violation of law, in their own application it is written that they have evidence.
On this occasion, the member from Khyber Pakhtunkhwa said that it was said on his behalf that the bags were brought and then opened, are you saying that the judicial procedure was not observed? The lawyer PML-N argued that the judicial manners were not adopted in this case, before the charge is debated, then the evidence is presented and then cross-checked.
Chief Election Commissioner Sikandar Sultan Raja remarked that you have not been able to say for so long that evidence has not been presented. With this, the arguments of PML-N leader Anjum Aqeel's lawyer were completed.
Later, the lawyer of Muslim League (N) leader Raja Khurram Nawaz started the arguments and said that evidence has to be presented in the trial court and tribunal, a paper is taken out from the pocket by a candidate and says This is the evidence and the evidence is admitted, we are not given an opportunity to cross-examine this document, the trial is conducted on the basis of evidence, the trial court is not vested with su moto powers, the Tribunal Judge has high The powers of the judge of the court were given which cannot be given.
Lawyer Raja Khurram Nawaz said that you cannot use the power of the Supreme Court, the power given by the Election Commission can be used. went.
Later, lawyer Tariq Fazal Chaudhry argued that the election petition was never presented before the Election Tribunal, the petition was presented before the Islamabad High Court.
Chief Election Commissioner Sikander Sultan Raja said that the High Court Registrar may have been appointed for the Tribunal. You are saying that neither the Islamabad High Court nor the Election Commission made any notification to the Registrar Tribunal. Advocate Tariq Fazal replied that the Deputy Registrar Office HC granted additional time to the petitioner for seven days to correct the petition, the petition was filed after 56 days. He further said that can the records be called for? There is a procedure for summoning official records, when a party wants, he can summon the official, not the tribunal.
Reporter: Usman Khan