ISLAMABAD: The Election Commission of Pakistan (ECP) Monday transferred poll rigging petitions against three local PMLN MNAs, pending before an election tribunal, to a recently constituted tribunal, headed by a retired high court judge for Rawalpindi and Islamabad.
The four-member bench, headed by Chief Election Commissioner Sikandar Sultan Raja, announced the separate verdicts here, which were reserved on Friday after having heard arguments from both sides in relation to the applications, filed by PMLN lawmakers from Islamabad Dr Tariq Fazal Chaudhry, Anjum Aqeel Khan and Raja Khurram Nawaz.
The forum accepted the applications and ordered transfer of election petitions against them to the tribunal formed on the basis of an ordinance empowering the ECP to appoint retired judges as poll tribunals. The PTI had already challenged the ordinance in a court of law.
One of the orders says Section l5l of the Elections Act, 2017 empowers the Commission to transfer the election petitions from one tribunal to another tribunal at any stage. The applicants had contended that they apprehended that they would not get justice from the incumbent tribunal. The rivals i.e. PTI-backed candidates alleged the move was a mala fide act to impede justice.
The verdict reads, “...we in the exercise of powers conferred under Section l5l of the Act, 2017 accept the application for transfer of the subject election petition in the interest of justice and to ensure a fair trial in terms of Article l0-A of the Constitution, hereby transfer the subject election petition from the learned Election Tribunal, Islamabad, appointed vide notification… to the election tribunal, appointed dated 07.06.2024. Office is directed to send the original record to the office of election Tribunal.”
“There is no mention of the related notification or tribunal on the Election Commission’s website, which was notified on June 7. However, it was learnt that a new tribunal, headed by a retired judge, had been formed for Rawalpindi and Islamabad.
The order says that Rule 140 of the Rules, 20I7 has made it mandatory that an election petition presented before the office of Tribunal, lacking any legal requirement provided in Sections 142 to 144 of the Act of 2017 shall be placed before the tribunal for summarily rejection of the same in term of sub Section-l of section 145 of the Act of 2017.
The verdict also notes “the record reveals that on 02.05.202.1 on the very first hearing, the tribunal directed the ECP to submit original forms 45 and 46, respectively”, although the ECP was not implicated by the present respondent as party in the panel of respondents.
It emphasised that “there is no option available to a tribunal to cure any legal defect occasioned therein the election petition, prescribed under Section l42 to 144 of the Elections Act,2017 and in case, if any provision of Section 142, 143 or 144 of the Elections Act, 2017 is not complied with, such election petition shall be summarily rejected in terms of Section I45(l) of the Act, 20 17.
“In case a petition is presented beyond the statutory period provided under Section 142 of the Act, 2017, such legal defect could not be requisitioned either by the office of the tribunal or the tribunal itself”.
“It is the exclusive domain of the Commission for providing complete justice to the parties in the petition and for fair decision in the matter in accordance with the law and the rules. The Commission has the jurisdiction to appoint fresh election tribunals and to withdraw any election petition for swift disposal of the same.”
The order also says, “there are number of examples available with the Commission where fresh election tribunals have been appointed under Section 140 (1) of the Elections Act, 2017 during the trial of the election petitions on one or the other grounds… We have utmost respect and regard to the presiding officer of the 'tribunal under consideration. However, to fulfil the ends of justice, and to remove all kinds of apprehension borne in the mind of petitioner and some apparent illegalities and irregularities, occasioned therein, during the process of presentation of the petition on one hand, the office of the Learned Tribunal has extended the period for presentation of the petition beyond the prescribed period provided under Section I42 of the Act, 2017 while no court or tribunal could exercise a jurisdiction not legally vested in him”.
