ECP Challenges LHC’s Election Tribunals Constitutional Dispute

LHC Chief Justice Malik Shahzad Ahmad Khan constituted eight election tribunals on Wednesday to adjudicate petitions related to Punjab’s polls following a verdict on a writ petition by two PTI-backed candidates Salman Akram Raja and Rao Omar Hashim Khan.

The ECP had previously announced its intention to challenge the appointments and filed an appeal in the Supreme Court against the LHC’s order on Thursday. In its appeal, the ECP argued that it retains the authority to establish tribunals as stipulated in Article 219(C) of the Constitution. It provided examples from 1977 to 2018 where it exercised this authority.

The ECP said in 1977 it selected only eight judges from a panel of 41 high court judges nominated for election tribunals. In 1985 despite five nominations, the ECP did not appoint any judge as an election tribunal judge.

Similarly in 2002 although 14 high court judges were nominated the ECP appointed only seven. Furthermore, in 2013 out of 61 retired district and session judges nominated, the ECP appointed only five.

In 2018 when the LHC chief justice requested the CEC to replace a tribunal judge the CEC responded in writing that the chief justice could not unilaterally remove a tribunal judge without consulting the ECP.

These examples substantiate that establishing election tribunals fall under a constitutional convention as per Article 219(C), affirmed by the Supreme Court in 1998. Therefore the ECP urged the Supreme Court to nullify the LHC’s decision to form eight election tribunals.

Previously the ECP convened a meeting in Islamabad to discuss the LHC’s decision. Participants agreed that the ECP would refrain from sending its representatives to attend the proceedings of tribunals unilaterally appointed by the LHC