SC Suspends LHC’s election tribunal appointments

The Supreme Court (SC) has suspended the Lahore High Court’s (LHC) decision to form additional election tribunal appointments and the Election Commission of Pakistan’s (ECP) April 26 notification.

The decision was made by a five-member bench headed by Chief Justice of Pakistan, Justice Qazi Faez Isa, which included Justices Amin-ud-Din Khan, Jamal Khan Mandokhel, Naeem Akhtar Afghan, and Aqeel Ahmed Abbasi. The bench was hearing the ECP’s plea against the LHC’s verdict from last month, which constituted eight election tribunals to hear petitions regarding national and provincial assembly constituencies.

The conflict stems from the ECP’s assertion that, under Articles 219 and 222(b) of the Constitution, the authority to appoint election tribunals lies solely with the electoral body and not the high court. The ECP argued that Article 219 does not require the commission to consult with the high court’s chief justice for appointing election tribunals or allocating their territorial jurisdiction.

During the hearing, Justice Mandokhail remarked that the ECP cannot dictate the LHC Chief Justice regarding judge availability. Chief Justice Isa added that it was within the LHC CJ’s purview to decide on the availability of judges for election tribunals.

The SC criticized the lack of communication between the ECP and the LHC, noting that the two judges notified by the ECP in response to the six nominated by the LHC CJ were insufficient. The court emphasized the need for meaningful consultation between the ECP and the LHC Chief Justice, adjourning the case until such consultations take place.

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Background of the Dispute

The dispute began when the ECP requested a panel of serving judges from the LHC for election tribunals on February 14. The LHC CJ initially nominated two judges on February 20 and subsequently six more on April 14. The ECP notified two of these judges on April 26 but sought additional names for tribunals in Rawalpindi and Bahawalpur, which the LHC CJ rejected.

The LHC CJ then formed eight election tribunals, a move challenged by the ECP in the Supreme Court.