Punjab ETs should be allowed to work: SC urged to recall its order of 04.07.2024

ISLAMABAD: The Supreme Court has been asked to recall its order dated 04.07.2024 and the Election Tribunals that were functioning in the Punjab prior to that order are allowed to continue functioning.

Salman Akram Raja, who has also contested February 8, 2024 general elections from Lahore, on Monday, filed the review petition under Article 188 of the Constitution and Order XXVI of the Supreme Court Rules, 1980. He was arrayed as a party in the case.

He prayed the court to hold that the consultation envisaged by Section 140(3) of the Election Act, 2017 only entitles the ECP to provide valid and cogent reasons for not accepting as Election tribunals the judges named by the Chief Justice of the Lahore High Court (LHC) through letter/communication dated 04.04.2024. “The ECP has no power to demand consensus by rejecting/vetoing names provided by the Chief Justice of the High Court, and the assignment of territorial jurisdiction to judges of the High Court functioning as Election Tribunals is to be made by the Chief Justice of the High Court.”

The Supreme Court on July 4 stated: “We are confident that the meeting between CJ LHC and Chief Election Commissioner (CEC) on Election Tribunals appointment will immediately take place thereafter the notification of Justice Aalia Neelum as chief justice of Lahore High Court.”

A five-member larger bench, headed by Chief Justice Qazi Faez Isa, until the next date of hearing suspended the LHC’s judgment and notification for the appointment of Election Tribunals in the Punjab province for the trial of election petitions.

The bench declared that the correspondence of the Election Commission of Pakistan (ECP) for meaningful consultation with the Chief Justice LHC regarding the instant matter will be deemed “to have not been acted upon.”

Raja in its petition contended that the Order of this Court dated 04.07.2024 has exposed the entire process of adjudication of election disputes in the province of Punjab to the whims and arbitrary desires of the ECP. Without providing any guidance with respect to the meaning and scope of the term “consultation” as used in Section 140(3) of the Election Act, 2017 the Chief Justice of the LHC has been directed to engage in consultation with the ECP.

He submitted that the scope of the word “consultation” has been elaborately defined by the Supreme Court in the case of Al-Jehad Trust Vs Federation of Pakistan (PLD 1996 SC 324). The scope of the word “consultation” as laid down in the judgment has been consistently followed in all matters pertaining to judicial appointments.

The view of the chief justice with respect to the suitability of a particular person’s appointment as judge of any court is to be granted the highest regard and consideration. The choice of the chief justice may only be engaged with and departed from by the other consultees in the process on the basis of cogent and valid grounds.

Copyright Business Recorder, 2024