During the Supreme Court hearing on the Election Commission of Pakistan’s (ECP) appeal against the formation of election tribunals, Chief Justice of Pakistan (CJP) Qazi Faez Isa remarked that the Constitution clearly grants the ECP the power to establish election tribunals.
The two-member bench, consisting of CJP Qazi Faez and Justice Naeem Afnan, conducted the hearing. ECP lawyer Sikandar Bashir and Pakistan Tehreek-e-Insaf (PTI) lawyer Salman Akram Raja appeared before the court.
ECP lawyer Sikander Bashir began the arguments by addressing the interpretation of Article 219(C) of the Constitution.
The Chief Justice inquired about the case’s specifics, to which the ECP lawyer responded that on February 14. The ECP wrote letters to all high courts for forming tribunals, asserting the authority of the Election Commission.
The ECP lawyer explained that lists and panels of judges’ names were requested from all high courts.
Lahore High Court (LHC) provided names of two judges on February 20, and both judges were notified as part of the election tribunal. On April 26, two more judges were appointed to election tribunals.
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During the hearing, Chief Justice Qazi remarked on the respect accorded to the High Court, questioning the term “respectable” used for institutions.
Pointing out that Parliament members often do not show respect for each other. He suggested calling the Election Commission “respectable” as well.
ECP’s lawyer noted there was no dispute until the formation of four tribunals.
The Chief Justice inquired why the Chief Election Commissioner and the Chief Justice of LHC had not communicated directly to resolve the issue.
Justice Naeem Akhtar added that letters were sent to all high courts, with disputes only arising with the LHC.
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The hearing was adjourned until 11:30 am, and upon resumption. CJP expressed frustration with the ECP on the issues of holding elections and establishing election tribunals.
He questioned the ECP’s lack of communication with the Chief Justice of LHC and emphasized the importance of resolving disputes through dialogue.
Chief Justice Qazi also criticized the Presidential Ordinance issued by Acting President Yusuf Raza Gilani, suggesting it undermined Parliament.
He reaffirmed that the Constitution grants election tribunals the power of the Election Commission, as clearly stated in Article 219(C).
The hearing highlighted the need for better communication between constitutional institutions to avoid unnecessary conflicts and ensure smooth election processes.
