After empowering ECP to hire ex-judges: Law minister, AGP meet CEC

ISLAMABAD: On the heels of promulgation of an ordinance empowering the Election Commission of Pakistan (ECP) to appoint retired judges as the election tribunals on its own, Law Minister Azam Nazeer Tarar Friday met Chief Election Commissioner Sikandar Sultan Raja.

Attorney General Mansoor Awan was also part of the meeting, which was held a couple of days after the Lahore High Court’s order to the Election Commission to notify six more election tribunals for Punjab in light of the nominations sent by the chief justice.

LHC Justice Shahid Karim passed the order to allow two identical petitions filed by the PTI-backed independent candidates Advocate Salman Akram Raja and Rao Omar Hashim Khan, who had lost the general election from NA-128, Lahore, and NA-139, Pakpattan, respectively.

The judge had ruled that the Election Commission was under obligation to appoint as election tribunals all the six judges of the LHC as nominated by the chief justice unless he withdrew any name or sought to substitute it.

According to a senior official of the Election Commission, certain issues pending with the parliamentary affairs ministry and allocation of budget to the electoral body came under discussion during the meeting.

He pointed out that the Ordinance amending the Elections Act, 2017 was a law now and, therefore, the LHC’s order will soon be challenged in the Supreme Court.

Under Section 140 of the act in its original form, only sitting judges were to be appointed as tribunals, in consultation with the chief justices of the respective high courts. However, now the ECP has been empowered to appoint serving as well as retired judges of the high courts without consulting the provincial chief justices.

Likewise, he pointed out that under Section 151 of the Act, the Commission at any stage, on its own motion, or on an application of a party and for reasons to be recorded, can transfer an election petition from one election tribunal to another one.

It is understood that the recent developments related to the appointment of election tribunals came under discussion during the meeting between the chief election commissioner and law minister, who was assisted by the attorney general.

Meanwhile, the Election Commission has summoned on June 5 as many as 40 political parties for not submitting the details of the election campaign finances.

According to the cause list, issued by the Election Commission, notices have been issued to the Pakistan Muslim League-Q, Awami National Party, Balochistan National Party, Majlis Wahdatul Muslimeen and PPP-Shaheed Bhutto for not complying with the legal requirement.

As per Section 211 of the Elections Act, 2017, under the head of Campaign Finance, (1) a political party shall furnish with the Commission the list of contributors who have donated or contributed an amount equal to or more than 1 [one million] rupees to the political party for its election campaign expenses.

(2) A political party shall furnish with the Commission details of the election expenses incurred by it during a general election 2 (by-election and Senate election).

The Election Commission has now fixed June 6 for hearing the matter related to the PTI intra-party elections under the title: ‘Non-conduct of intra-party election of Pakistan Tehreek-e-Insaf’. Notices have been issued to the party chairman Barrister Gohar Ali Khan and federal chief election commissioner Raoof Hasan.

The hearing could not be held on May 30, the date, previously fixed for this purpose on account of unavailability of bench.