ISLAMABAD: A Pakistan Tehreek-e-Insaf (PTI) leader prayed to the Supreme Court to set aside the judgment of the Islamabad High Court (IHC) and declare that the transfer of election petition by Election Commission of Pakistan (ECP) to another Tribunal is unlawful and without jurisdiction.
PTI lawyer and leader Syed Muhammad Ali Bukhari, who had contested general election from NA-48, Islamabad, but lost, on Wednesday filed an appeal against the IHC judgment dated 19-09-2024.
Bukhari had filed a writ petition against the ECP’s order 10-06-2024 to transfer his petition to another Election Tribunal, which comprised retired judge of the High Court. Bukhari’s petition was pending before the tribunal comprising a sitting judge of the IHC.
The IHC single judge had aside the impugned order of the Commission. However, instead of reinstating the original tribunal, was remanded back to the ECP for a fresh decision.
The petitioner contended that the IHC’s judgment is contrary to both the law and the facts of the case.
He submitted that the IHC judge overlooked relevant laws and fact in not fully allowing the writ petition and declaring that the Election Commission has no jurisdiction to transfer an election petition from a tribunal presided over by a sitting judge without prior consultation with the chief justice of IHC.
The petitioner contended that Section 140 of the Election Act provides that an election tribunal, when constituted by the Commission, must be appointed in consultation with chief justice of the relevant High Court. This consultation is a necessary safeguard to ensure the tribunal’s impartiality and integrity, especially when it involves a sitting judge.
The petitioner, however, admitted the fact that Section 151 of the Election Act empowers the Election Commission to transfer a case from one tribunal to another, but this power is not unfettered.
The ECP must exercise this jurisdiction with the confines of the law and established procedural requirements.
Transferring an election petition from a tribunal comprising a sitting judge, without consulting the chief justice of the High Court violates the statutory safeguards designed to protect the integrity of the judicial proceedings.
Copyright Business Recorder, 2024
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