Islamabad: After hearing the petitions related to the change of tribunal, the Election Commission reserved its decision after hearing the arguments.
A 4-member bench headed by the Chief Election Commissioner heard the petitions of Islamabad MNAs for the change of tribunal. The lawyers of PTI did not appear before the Election Commission, in this regard the assistant lawyer said that Shoaib Shaheen and Faisal Chaudhry are busy in the Islamabad High Court.
The Chief Election Commissioner said that the arguments of Shoaib Shaheen’s lawyer were completed yesterday. The Islamabad High Court did not issue any injunction against the action of the Election Commission. The Chief Election Commissioner gave Shoaib Shaheen and Faisal Chaudhry time till 11 o’clock and said that if they do not appear by 11 o’clock, the commission will issue an appropriate order.
Later, after the break, the hearing resumed, in which Legislature MNAs Tariq Fazal Chaudhry, Raja Khurram Nawaz, Anjum Aqeel Khan were present in the court room while PTI leaders Aamir Mughal, Faisal Chaudhry and Shoaib Shaheen were also present in the court room. I arrived.
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On the application of Tariq Fazal Chaudhry from NA-47 in the Election Commission, Shoaib Shaheen said in his arguments that he has challenged the Election Commission’s order of June 4 in the High Court, where the hearing is still going on. As my counsel had argued, I would like to refer only to a few judicial decisions. All the arguments raised by the petitioners were irrelevant. The decision to transfer the tribunal can also be taken in consultation with the Chief Justice concerned. The High Court Tribunal judge was accused of being biased. We have no relationship or enmity with the honorable judges of the High Court. The tribunal gave favor to the Legislature MNAs.
Shoaib Shaheen added in his arguments that the Election Commission does not have the powers of appeal or review. The decision of the High Court will have to be accepted. The Chief Justice has the power to transfer cases from the High Court. The Chief Election Commissioner asked if there were any such examples in the past, to which Shoaib Shaheen said that I don’t think anything like this has ever happened in the past.
On this occasion, Election Commission lawyer Sujeel Swati confirmed the arguments of PTI lawyer Shoaib Shaheen and said that the case cannot be transferred on the basis of mere allegations of bias. Shoaib Shaheen said that the judge himself can separate from the case if he wants. Judges must have an objection to the transfer on which evidence has to be adduced.
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Faisal Chaudhry, the lawyer of NA-46 candidate Aamir Mughal, said in his arguments that he accepts Shoaib Shaheen’s arguments regarding the judge’s bias and conflict of interest. The arguments made by the lawyers of the League leaders yesterday had no basis. The Election Commission does not have the power to change or revise the tribunal. The applicant may file a revision appeal in this regard. If a judge is accused, he has to prove it. A strange demand was made here yesterday that a new tribunal should be formed. A new tribunal cannot be formed when it is not pleaded in the petition. The Election Commission cannot constitute a tribunal after 45 days of notification. The petitioners have to go in appeal under section 155.
The Chief Election Commissioner said that I am thinking that all the cases of the Election Commission should be given to you, to which Faisal Chaudhry said that I hope I will not disappoint you. Member Sindh Nisar Durrani said on this occasion that it did not happen the way you are talking, to which Faisal Chaudhry said that the election has never happened like this time. The Election Commission along with the returning officers and the bureaucracy destroyed the election. Some of the younger ones showed great courage and conceded defeat.
Later, after hearing all the arguments, the Election Commission reserved its decision in the case.
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