SC reject’s ECP’s plea to suspend decision creating election tribunals
ISLAMABAD ( WEB NEWS )
A two member bench of the Supreme Court rejected a an appeal filed by the Election Commission of Pakistan against formation of election tribunals by the Lahore High Court. The matter has now been referred to the SC committee for formation of a larger bench.
Chief Justice of Pakistan Qazi Faez Isa has expressed his concerns over the constant use of ordinances and the tendency to create disputes in the country. During a hearing on the Election Commission’s appeal against the formation of election tribunals, the Chief Justice questioned the need to turn every matter into a controversy.
The two-member bench of the Supreme Court, led by Justice Isa and Justice Naeem Afghan, heard the Election Commission’s appeal. The commission’s lawyer, Sikandar Bashir, and PTI lawyer Salman Akram Raja appeared before the court.
Justice Isa questioned whether the Chief Election Commissioner and the Chief Justice could not meet to resolve disputes. He remarked that if every issue is to be made contentious, then Parliament should be shut down. He asserted that using ordinances is a disregard for Parliament and a violation of its authority.
The Chief Justice highlighted the previous dispute between the President and the Election Commission regarding the election date. He also questioned the need for letters from the Registrar of the High Court.
The hearing was adjourned till 11:30 am. Upon resumption, the Chief Justice reiterated that the Constitution clearly grants the Election Commission the power to form election tribunals. He emphasized that Article 219 Section C explicitly outlines this power.
He also stressed that the Supreme Court has taken an oath to uphold the Constitution and the law, not to uphold judicial decisions. He pointed out that every time the Supreme Court interprets the Constitution, complexities arise.
On June 12, Chief Justice Lahore High Court Malik Shahzad Ahmad had ordered the constitution of eight election tribunals. The Election Commission of Pakistan had challenged the decision in the Supreme Court.