Accepting the appeal filed by the Election Commission of Pakistan (ECP), the Supreme Court (SC) on Monday unanimously declared the Lahore High Court’s (LHC) decision in the Punjab’s election tribunals formation case as null and void. Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa read out the brief verdict. A five-member larger bench of the apex court, headed by the CJP, had reserved the verdict in the case on September 24. Other judges on the bench were: Justice Ameenuddin, Justice Jamal Mandokhel, Justice Naeem Akhtar Awan and Justice Aqeel Abbasi. Justice Mandokhel and Justice Abbasi also wrote additional notes. Reserving the verdict in the case on September 24, a five-member larger bench of the SC, headed by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, had ordered the Election Commission of Pakistan (ECP), the appellant, to make the tribunals functional. The SC had last Tuesday reserved its judgment on the ECP’s appeal against the Lahore High Court’s decision on the constitution of eight election tribunals in Punjab. During the hearing, the chief justice observed that the number of election tribunals depended on the number of cases. “It would be unfair if the number of judges were less than that of cases,” he remarked.

“The apex court did not know how many election-related cases were pending in Balochistan or Punjab,” he said, and added, “The commission should ensure the establishment of the rest of the tribunals within a week. Chief Justice Isa observed that the ECP’s job was to conduct elections, while it was the high court, which would settle a dispute if any. Earlier, on June 21, the Supreme Court had turned down the Election Commission of Pakistan (ECP)’s request to suspend the Lahore High Court (LHC)’s order regarding the formation of election tribunals in Punjab. The court, however, referred the matter to the committee, set up under the terms of the SC Practice and Procedure Act, 2023, as the matter involved the interpretation of provisions of the constitution and the Election Act, 2017. A two-member bench, comprising Chief Justice Qazi Faez Isa and Justice Naeem Akhtar Afghan heard an appeal of the commission. It issued notice to the Attorney General for Pakistan under Order XXVII of SC Rules to assist the Court and arrayed Salman Akram Raja and others as party in the matter.

Credit: Independent News Pakistan