The decision to form Punjab Election Tribunals was challenged in the Supreme Court, Pakistan Tehreek-e-Insaf (PTI) and 4 candidates filed separate review appeals.
PTI Secretary General Salman Akram Raja filed a review appeal against the September 30 decision of the Supreme Court.
It has been said on behalf of the petitioner that the meeting between the Chief Justice of Lahore High Court and the Chief Election Commissioner cannot be the reason for the change of election tribunals.
In the petition filed in the Supreme Court, it was said that on April 4, the Lahore High Court Registrar notified 6 election tribunals, after a meeting between the Chief Justice of the Lahore High Court and the Chief Election Commissioner, the names of the serving judges for the election tribunals were returned.
The petition requested that the Supreme Court’s decision of September 30 be reviewed.
Another petition in the Supreme Court against the Punjab Election Tribunals decision
On the other hand, another application was filed in the Supreme Court against the Punjab Election Tribunals decision, while the application was filed on behalf of 4 candidates from different constituencies.
In the petition, the position was adopted that the decision of the Supreme Court is not compatible with the Constitution and the law, the Supreme Court annulled the decision of the Lahore High Court without examining the merits, the Supreme Court instructed the Chief Justice of the Lahore High Court and the Chief Election Commissioner to take a unanimous decision.
It was further stated in the petition that the Supreme Court cannot issue instructions to the Chief Justice to create a consensus in a constitutional matter. The Supreme Court gave a decision on the report of the Lahore High Court Registrar.
The petitioners pleaded that the Supreme Court should rule that the formation and naming of tribunals is the prerogative of the Chief Justice.
Remember that on September 30, the Supreme Court The decision of the Lahore High Court regarding the formation of election tribunals in Punjab was annulled.
The 5-member larger bench of the Supreme Court issued a unanimous decision in which it has been said that the High Court judge did not take into account the non-meeting of the Chief Election Commissioner and the Chief Justice, if the non-meeting was taken into account, such a decision would not have been taken.
The judgment further said that when the dispute is related to a constitutional institution, a cautious attitude should be adopted and the decision of the Lahore High Court cannot be presented in any forum as a judicial precedent.
The Lahore High Court had ordered the Election Commission to appoint the judges of the tribunals as per the notification of the Chief Justice of the Lahore High Court and said that it is the authority of the Chief Justice to give constituencies to the tribunals.
It should be remembered that on September 24, a 5-member larger bench of the Supreme Court headed by the Chief Justice, Justice Aminuddin, Justice Jamal Mandukhel and Justice Naeem, had reserved its decision on the Election Commission’s appeal against the decision of the Lahore High Court on the formation of election tribunals. Akhtarafghan was included in the bench, besides Justice Aqeel Abbasi was also a part of the 5-member larger bench.
It should be noted that Justice Shahid Karim of Lahore High Court gave the decision after hearing the arguments of the candidates supported by Tehreek-e-Insaf, Salman Akram Raja and Umar Hashim, on the request to form an additional election tribunal.
The appeal of the Election Commission regarding the election tribunals in Punjab was approved, the decision of the Lahore High Court was annulled
According to the petitioners, the Election Commission has constituted 5.5 election tribunals in Sindh and Khyber Pakhtunkhwa, 3 election tribunals in Balochistan, but only 2 election tribunals have been constituted for Punjab.
In the petition, it was argued that the Chief Justice of Lahore High Court wrote a letter for the formation of additional election tribunals, but the tribunals were not formed.
The Lahore High Court ordered the Election Commission to appoint the judges of the tribunals according to the notification of the Chief Justice of the Lahore High Court and said that it is the authority of the Chief Justice to give constituencies to the tribunals.
On June 12, Chief Justice Shahzad Malik issued orders for the formation of 8 tribunals on the decision of Lahore High Court.
Later, on June 13, the Election Commission of Pakistan challenged the Lahore High Court’s decision to set up election tribunals in the Supreme Court.