Why did the Election Tribunal change, the Election Commission has to be accountable, Islamabad High Court

The Chief Justice of the Islamabad High Court has expressed his displeasure over the change in the Election Tribunal of Islamabad.

In the High Court, a hearing was held on the petition of PTI against the ongoing proceedings related to the Election Amendment Ordinance and the change of tribunal in the Election Commission.

Shoaib Shaheen Advocate argued that the Election Tribunal had given time to the Legislature MNAs, but they had not even submitted any reply to the Tribunal.

Justice Amir Farooq inquired why the tribunal has been changed? The government explained to me that this amendment was abolished years ago, and now they have brought it through an ordinance. How can the Acting President issue an ordinance? Was it an emergency that the ordinance came overnight, let the system be the system.

Shoaib Shaheen requested that he would challenge the decision of the Election Commission, maintain the seats on the application pending before the court, maintain what has happened till date.

Also read: Election Commission; Islamabad tribunal approves petitions of Legislature MNAs for change

Ali Bukhari Advocate said that today we have gone back to the position of February 8.

Chief Justice Amir Farooq told the Election Commission’s counsel that the tribunals were formed after consulting with me, I suggested the names and you approved them, then what was the need to change the judges of the tribunal, the record is with the Election Commission. What was the authority to order? Judge change requests also come to us, we do not ask for records, you have to be accountable, we respected that it is a constitutional body, so we gave two days time, has the notification of the new judge been issued?

The court inquired whether the tribunal which has been created is for Islamabad.

The election commission lawyer replied that the notice was sent on June 7 and I don’t have it yet.

The Chief Justice said that if you don’t have the notification of the Election Tribunal, then how did you go to the media, how did the electronic media know about the formation of the new tribunal, you are doing wrong, don’t do this, you will give a thoughtful answer. The case will be heard today at 2 o’clock, think what you have to do, the transfer orders you have issued cannot be legally sustained.

The court asked the Election Commission officials that on what basis did the Election Commission transfer the tribunal? Was the procedure not being followed? Arshad sir, you are a legal person, this kind of order has been made in your presence.

The Election Commission lawyer replied that the decision was made by the Election Commission and I will assist the court on some legal points.

Chief Justice Amir Farooq said that on what basis is the transfer? Show me that masterpiece order, what is it? If you had any objection to any order, you would have challenged it in the Supreme Court. What judicial precedent is this Election Commission setting? Gee, you have taken a position, now defend your order, the transfer authority is with you, but how are you calling for the records, you have called for the records of all three cases, on what basis you have transferred the tribunal.

Chief Justice Amir Farooq remarked that how did the Election Commission order the record from the Election Tribunal before ordering? We receive transfer requests daily, we do not call for the records, you called back the records so that the tribunal could not proceed with the proceedings, this behavior is intolerable, it was the job of the person who requested to attach the records. Everything has to be done, they have not done anything themselves, the Election Commission has the power to change the tribunal but what is the ground, the Election Commission does not have the power to take suo moto action, you should have received a request to exercise this power. .

Election Commission’s decision to change the tribunal is challenged

In the case against the Election Act Amendment Ordinance, the PTI candidates filed a separate application in the Islamabad High Court and said that the decision of the Election Commission to transfer the tribunal is illegal. Being a judge of the Act itself is contrary to the requirements of transparency, the decision of the Election Commission on June 10 and the appointment of the Election Tribunal on June 7 is illegal, the decision of the Election Commission and the notification of June 7 should be suspended. The implementation of the notification should be suspended to the extent of Islamabad.