The Supreme Court on Tuesday reserved its decision on the Election Commission’s appeal regarding the formation of Election Tribunals in Punjab, while Chief Justice Qazi Faiz Isa remarked that ‘short decision will not be issued today, the notification of Election Commission Tribunals has started. Do it from today.’
On Tuesday, a five-member larger bench headed by Chief Justice Qazi Faiz Isa heard the Election Commission’s appeal.
During the hearing, the Chief Justice remarked that ‘the country needs stability, we are not enemies but residents of a country.’
He said that ‘On the last hearing, the Election Commission was sent to the Chief Justice of Lahore High Court. We have to learn that the work of institutions is not correspondence, the language used in correspondence is not the way to run the country.’
Justice Jamal Khan Mandukhel remarked that ‘the disagreement came on the fact that the Election Commission refused the names sent by the High Court, the Election Commission has the authority but the appointment of judges for the tribunal is done in consultation with the High Courts.
“The Chief Justice of the High Court is not an ordinary person. He is an honor to both the Election Commission and the High Courts. The matter of likes and dislikes on the appointment of judges in the tribunal should end now.”
Lawyer Salman Akram Raja, who is the petitioner himself, pleaded not to annul the decision of the Lahore High Court, saying that a High Court judge is also doing judicial work as a tribunal, judicial work is not subordinated to the executive. The court may not give any observation on the appointment of retired judges, we have challenged the law of appointment of retired judges, our case will be affected by the court’s observation.
Addressing him, the Chief Justice said, ‘Salman Akram Raja, what do you want the judge to hear the case in the tribunal? We respect the lawyers but we also expect the lawyers to respect the High Court Judges, you say this whether it is a judge in the tribunal or not.’
Salman Akram Raja replied, ‘No sir, I don’t say that.’
Election Commission lawyer Sikander Bashir told the court that ‘Justice Alia Neelam told us that there is no need for consultation under the new law, the matter has been resolved after consulting the Chief Justice High Court, we have four tribunals under the new law. can self-deploy.’
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On this, the Chief Justice inquired that ‘can the Election Commission issue the notification of the tribunals in a week?’
The Election Commission’s lawyer replied, ‘Yes, we will give the notification in a week.’
In the last hearing, the court had stopped the tribunals from working while the court had also directed the Chief Election Commissioner to consult the Chief Justice of the Lahore High Court.
The Supreme Court had adjourned the hearing of the case related to Election Tribunals in Punjab till the consultation of the Election Commission and the Chief Justice of Lahore High Court.
Context of the case:
Election Commission filed an appeal against the decision of Justice Shahid Karim of Lahore High Court. The Lahore High Court had decided to form 8 election tribunals, Acting Chief Justice Shehzad Malik had issued orders for the formation of 8 election tribunals based on the decision of the Lahore High Court.
The Election Commission had adopted the position in the application that the formation of election tribunals is the authority of the Election Commission, the decision of the Lahore High Court to form tribunals is against the law and the High Court cannot use the powers of the Election Commission. The Election Commission requested the Supreme Court to annul the decision of the Lahore High Court.
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2024-09-25 07:08:23