SC Orders CEC LHC CJ to Collaborate on Election Tribunals Amid Heated SC Hearing
The larger apex court bench, headed by Chief Justice Qazi Faez Isa, was hearing a petition challenging the LHC’s decision to appoint tribunals for settling election disputes.
The SC bench, which also comprised Justices Aminuddin Khan, Jamal Khan Mandokhail, Naeem Akhtar Afghan, and Aqeel Ahmed Abbasi, held that the chief election commissioner (CEC) and the LHC chief justice should hold a meaningful consultation on election tribunals.
On May 29, Justice Shahid Karim single judge of the LHC ordered the ECP to notify additional election tribunals for Punjab in light of the nominations sent by the high court’s CJ. It held that under Article 219(c) read with Article 222(b) of the Constitution, the LHC chief justice had the pre-eminence in the appointment of election tribunals under Section 140 of the Elections Act, 2017.
Later on June 12, the LHC CJ formed eight election tribunals in line with the May 29 order, compelling the ECP to challenge the decision.
The SC hearing on Thursday commenced with a heated exchange between CJP Isa and PTI lawyer Niazullah Niazi, who objected to the top judge’s inclusion in the bench.
However, Niazi’s objection was swiftly overruled by Justice Isa. “Your objection has been noted. Please take your seat. This matter is between the Election Commission and the [LHC] Chief Justice. Why does a private individual have such an interest in this case?” he remarked while addressing Niazi.
“Why not refer Niazullah Niazi’s case to the Pakistan Bar Council? Are we here to be insulted? Enough is enough,” the CJP continued. “We are aware of your [Niazi’s] political affiliation and will not tolerate continued contempt of the judiciary. This must end.”
Justice Isa emphasized that the authority to form benches was now vested with the SC’s Practice and Procedure Committee, marking an end to the era when the top judge had that prerogative.
