ECP may notify 13 more election tribunals to resolve disputes

The Election Commission of Pakistan (ECP) may notify an additional 13 election tribunals on Monday so that election disputes may be resolved within time granted in the amended election laws, an official of the Election Commission of Pakistan (ECP) said on condition of anonymity.
Almost three weeks after the general elections, the ECP has yet to notify the election tribunals for resolving election disputes. The tribunals had been formed but dissolved before being officially notified given that the chief justices of the high courts were not consulted as required under the law as stated in a ruling by Sindh High Court Chief Justice.
Since a decision had been taken to increase the number of election tribunals from 14 to 27, CJs of High Courts were being consulted for names to head the tribunals. "Now the consultation process with CJs of High Courts is completed and the setting up of additional tribunals will be finalised by Monday," the official said. The official further revealed that the notification for the formation of 14 election tribunals had already been issued but 13 tribunals might be set up on Monday.
The election tribunals set up in Karachi, Hyderabad and Sukkur were dissolved after Sindh High Court. CJ Mushir Alam expressed concerns over their constitution. The SHC chief justice had conveyed his reservations in this regard to the ECP through a letter maintaining that a notification for the tribunals was issued without consulting the high court of the province. It was contended that the Supreme Court had clearly ordered that a judicial forum could only be formed in consultation with the high court of the province.
The official of the ECP said since a decision had been taken to increase the number of election tribunals from 14 to 27, and an approval was being sought from the finance division. He said retired district and session judges were being hired for the purpose on a contract basis for six months in grade-22.
The ECP on May 27 dissolved the setup of the election tribunals in the province and asked the CJ of High Courts to suggest names to head the new tribunals. After notification, the number of election tribunals in the four provinces will be doubled. The ECP has decided to increase the number of tribunals in view of persistent demand by nearly all political parties. Under the law, the election tribunals can be approached within 45 days after results are notified. May 11 election results were notified on May 22.
Democracy Reporting International and other civil society organisations have also expressed concerns on the working of the tribunals. In a public hearing on the general elections in October 2012, they pointed out the lack of clarity on the avenues for complaints and appeals to the ECP and judicial channels. The legal framework does not clearly demarcate which body should be addressed first, how the bodies interact. Opportunity for effective remedies are also overly restricted as currently only candidates may initiate judicial appeals (petitions), leaving voters and other election stakeholders without access to effective remedies.