Accepting the appeal filed by the Election Commission of Pakistan (ECP), the Supreme Court (SC) on Monday unanimously declared the Lahore High Court’s (LHC) decision in the Punjab’s election tribunals formation case as null and void, reported 24NewsHD TV channel.
Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa read out the brief verdict.
A five-member larger bench of the apex court, headed by the CJP, had reserved the verdict in the case on September 24.
Other judges on the bench were: Justice Ameenuddin, Justice Jamal Mandokhel, Justice Naeem Akhtar Awan and Justice Aqeel Abbasi.
Justice Mandokhel and Justice Abbasi also wrote additional notes.
In its decision, the court said that the verdict by a single bench of the LHC could not be presented as a judicial precedent.
It further said that the high court, while pronouncing the decision, did not take into account the meeting between the chief election commissioner and the chief justice of Pakistan. “Had the meeting been taken into consideration, the LHC’s judgment would have been different,” read the verdict.
The court said there was a need to exercise caution when the dispute was between constitutional institutions.
Later, the CJP issued an 11-page detailed verdict of the case, ruling that constitution of the election tribunals is the right of the ECP.
The Lahore High Court had on May 30 ordered the ECP to notify six more election tribunals (ETs) for Punjab in light of the nominations sent by the chief justice.
Justice Shahid Karim, in the order, allowed two identical petitions filed by PTI-backed independent candidates Advocate Salman Akram Raja and Rao Omar Hashim Khan, who had lost their general elections from NA-128, Lahore, and NA-139, Pakpattan, respectively.
In a 26-page judgment, the judge had ruled that the ECP was under the obligation to appoint in the election tribunals all six judges of the LHC as nominated by the chief justice.
The judge maintained that in matters of appointment of the election tribunals, the opinion of a chief justice of a high court shall have supremacy and the election commission is bound to appoint judges nominated by the chief justice.
Reserving the verdict in the case on September 24, a five-member larger bench of the SC, headed by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, had ordered the Election Commission of Pakistan (ECP), the appellant, to make the tribunals functional.
The SC had last Tuesday reserved its judgment on the ECP’s appeal against the Lahore High Court’s decision on the constitution of eight election tribunals in Punjab.
During the hearing, the chief justice observed that the number of election tribunals depended on the number of cases. “It would be unfair if the number of judges were less than that of cases,” he remarked.
“The apex court did not know how many election-related cases were pending in Balochistan or Punjab,” he said, and added, “The commission should ensure the establishment of the rest of the tribunals within a week.
Chief Justice Isa observed that the ECP’s job was to conduct elections, while it was the high court, which would settle a dispute if any.
Earlier, on June 21, the Supreme Court had turned down the Election Commission of Pakistan (ECP)’s request to suspend the Lahore High Court (LHC)’s order regarding the formation of election tribunals in Punjab.
The court, however, referred the matter to the committee, set up under the terms of the SC Practice and Procedure Act, 2023, as the matter involved the interpretation of provisions of the constitution and the Election Act, 2017.
A two-member bench, comprising Chief Justice Qazi Faez Isa and Justice Naeem Akhtar Afghan heard an appeal of the commission.
It issued notice to the Attorney General for Pakistan under Order XXVII of SC Rules to assist the Court and arrayed Salman Akram Raja and others as party in the matter.
Reporters: Amanat Gishkori and Hashir Ahsan