Changing election tribunal: PTI questions legality of ECP’s decision

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI), Thursday, questioned the legality of electoral body’s decision to hear the petition of three PML-N lawmakers for changing the election tribunal that hears the case regarding alleged foul play in three National Assembly seats from Islamabad in the general polls—keeping in view that the related case is pending in the Islamabad High Court (IHC).

An ECP bench, to this effect, heard the petition of Anjum Aqeel Khan, Tariq Fazal Chaudhry and Raja Khurram Nawaz for changing the ET that is hearing PTI petition regarding foul play in three NA seats—NA 46, 47 and 48— which Pakistan Muslim League Nawaz (PML-N) candidates won in February 8 general elections under highly questionable circumstances.

During the proceedings, senior PTI leader and NA-47 runner-up Advocate Shoaib Shaheen told the ECP bench that the PTI challenged the ECP decision to declare as maintainable the PML-N lawmakers’ petition for changing the ET.

He asked the Election Commission of Pakistan (ECP) to defer the case proceedings given that the matter was sub judice.

However, Chief Election Commissioner Sikandar Sultan Raja, who headed the ECP bench, was of the view that the IHC did not issue any stay order to bar the ECP from hearing the case.

The prosecution side alleged that the ET was “hastily” hearing the petition of the three PTI candidates who lost the general elections from respective NA seats from Islamabad—Amir Mughal, Shoaib Shaheen and Ali Bukhari. The prosecution also alleged that they were being denied fair trial by the ET.

On the other hand, PTI leaders maintained that ET exercised its authority to ask both the sides; prosecution and defence, to submit Forms 45, 46 and 47 used in general elections. The ET would examine these forms and decide accordingly, they said.

Later, the ECP bench adjourned the case till today (Friday).

Earlier on Tuesday, the ECP declared as maintainable the three PML-N legislators’ petition, only a day after it was filed, against the ET— an allegedly controversial decision that attracted strong public backlash.

The ECP is allegedly misusing a recently-promulgated controversial presidential ordinance that allows the poll body to appoint former judges as ETs to hear general elections-related petitions.

It merits mentioning here that IHC judge Justice Tariq Mahmood Jahangiri, who is the ET judge for three NA seats from the federal capital, is hearing the petition of PTI leaders regarding alleged rigging in three Islamabad NA seats in general elections.

Copyright Business Recorder, 2024