ISLAMABAD: The National Assembly soon after the passage of budget-2024-25, on Friday, approved, “The Elections (Amendment) Bill, 2024” amid the protest of the opposition against the restoration of original provision allowing making retired judges of High Courts eligible for appointment as member of the Election Tribunal for hearing of election petitions in respect of elections to the National Assembly, the Senate and provincial assemblies.

The bill was moved by Federal Minister for Law and Justice Azam Nazeer Tarar in the house for passage. The House passed the bill with a majority amid the protest of the opposition members.

In the previous legislation, the appointment of retired judges as a member of the Election Tribunals was replaced with sitting judges. But, now, the PML-N government restored the original provision of Section 140 of the Election Act, 2017.

According to its statement of object and reasons: “in the year 2023, through the Elections (Amendment) Act, 2023, an amendment was made in the said section 140 to make only the serving Judge of a High Court as member of the Election Tribunal in respect of cases of an election to an Assembly or the Senate.

But the fact of the workload of High Courts in pending litigation was overlooked, which workload in heavy pendency of cases still exists and it is very difficult for the serving Judges of the High Courts to spare required time for swift adjudication of election petitions.

As such, it is appropriate to restore the original provision of the said section 140 so as also to make retired Judges of High Courts eligible for appointment as member of the Election Tribunal for hearing of election petitions in respect of election to the National Assembly, the Senate and Provincial Assemblies.

“Similarly, for consistency, it is desirable to make retired District and Sessions Judges and retired Additional District and Sessions Judges eligible for appointment as member of the Election Tribunal for hearing of election petitions in respect of election to a local government.”

Copyright Business Recorder, 2024