he Supreme Court (SC) Thursday suspended the Lahore High Court’s decision forming additional election tribunals as well as the Election Commission of Pakistan’s (ECP) April 26 notification.
A five-member bench, led by Chief Justice Qazi Faez Isa, heard the ECP’s arguments against the LHC’s move to constitute eight election tribunals for handling election petitions related to national and provincial assembly constituencies. The bench emphasized that the power to appoint these tribunals lies with the ECP, not the high court, as per constitutional provisions.
The ECP argued that under Article 219 of the Constitution, it has the sole authority to appoint election tribunals and allocate their territorial jurisdiction, highlighting a lack of explicit requirement for consultation with high court chief justices on these matters. The bench noted the ECP’s contention but also underscored the need for meaningful dialogue between the ECP and the LHC to resolve the issue.
During the proceedings, Justice Mandokhail remarked on the ECP’s inability to select judges directly, emphasizing the constitutional roles defined for each institution. Chief Justice Isa highlighted that the LHC Chief Justice should have the prerogative to determine the availability of judges for these tribunals, reflecting on the complexities of judicial appointments.
In its verdict, the Supreme Court expressed concerns over the breakdown in communication between the ECP and the LHC, deeming the appointment of only two judges by the ECP insufficient in response to the LHC’s nomination of six judges. The court directed both parties to engage in consultations to resolve the matter, adjourning the case until meaningful progress is made.
The conflict arose initially when the ECP requested a panel of serving judges from the LHC for election tribunals, prompting the LHC Chief Justice to nominate judges. However, disputes over the number and selection of judges escalated, leading to the Supreme Court’s intervention.
The case remains pending before the court as the ECP and LHC navigate the complexities of tribunal appointments, reflecting broader constitutional interpretations and institutional responsibilities.
