ISLAMABAD: The Islamabad High Court (IHC) will take up a petition of Pakistan Tehreek-e-Insaf (PTI) leader Shoaib Shaheen against the transfer of election tribunal Thursday (today).
A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq will hear the petition, wherein, it had previously extended the stay in this matter related to PTI candidate Shoaib Shaheen’s election petition challenging the victory of Tariq Fazal Chaudhry of the Pakistan Muslim League-Nawaz (PML-N) in National Assembly constituency NA-47.
During the last hearing, the IHC bench raised concerns over the Election Commission of Pakistan (ECP)‘s power to replace a tribunal judge, and IHC Chief Justice asked that how the Election Commission can replace a tribunal judge? The ECP’s counsel assured the court that the commission would respond to this query. However, the ECP and other respondents sought time to submit their responses.
Accepting their request to grant some time, Justice Aamer deferred the hearing, saying that the court would hear the petitions and address the legal provisions collectively on February 6.
The petitioner has challenged ECP’s order dated 17.10.2024 regarding the proposed transfer of Election Tribunal.
Shoaib Shaheen has contended that the ECP decision is not tenable, and it also is not in light of the observations made by the IHC in an earlier round of litigation.
He further argued that the ECP on 10.06.2024 passed an order whereby it transferred the Election Tribunal under Section 151 of the Elections Act, 2017 and appointed a new Election Tribunal in Rawalpindi under the retired judge, Justice Abdul Shakoor Paracha.
Shoaib submitted he had filed a W.P No.1977/2024 and 1797 against the ECP dated 10.06.2024, wherein, challenged the vires of law as well. However, the writ petition was disposed of vide impugned judgment dated 29.07.2024 and the matter was remitted/remanded back to the ECP.
The petitioner also argued that he assailed the impugned judgment before the Divisional Bench of this Court in I.C.A No.914/2024 and notices were duly issued.
However, the ECP in its typical attitude, continued to adjudicate upon the matter despite the fact that the matter was pending before this Court and proceeded to transfer the Election Tribunal (vide order dated 17.10.2024, announced on 03.12.2024) despite strong objections from the petitioner on the grounds that the ECP is itself a party to the rigging and respondent in the election petition and they should not act as a judge in their own cause.
Shaheen continued that the ECP did not await the decision of the I.C.A and proceeded to pass the impugned order which was effectively the same as the previous order and again appointed retired Justice, Shakoor Paracha as Election Tribunal for similar reasons as before.
He prayed that the impugned order dated 17.10.2024 may kindly be set aside and as a consequence, the Election Tribunal constituted under Justice Tariq Mehmood Jehangiri may be allowed to continue the hearing of the Election Petition No.73/2024.
Copyright Business Recorder, 2025
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