Islamabad’s constituencies: Change of election tribunal judge shows ECP’s mala fide intent, IHC told

ISLAMABAD: During hearing of a petition against changing the Election Tribunal’s judge for Islamabad three constituencies, Pakistan Tehreek-e-Insaf counsel Shoaib Shaheen advocate told the Islamabad High Court that the Election Commission announced the decision to change the Election Tribunal’s judge on June 10 and prior to that decision a new election tribunal judge had been appointed for Islamabad on June 7.

He said it seems the Election Commission knew that they were going to change the tribunal and this act shows mala fide intention of the commission.

IHC Chief Justice Aamer Farooq heard the petition against the Election Commission’s decision to change the Election Tribunal’s judge for Islamabad. Election Commission officials and PTI candidate Shoaib Shaheen appeared in the court.

Additional Attorney General Munawar Iqbal Duggal argued that the Election Commission has to consult with the chief justice of the high court while appointing the judge of the tribunal. He said that once the consultation is done, there is no need for further consultation to change the tribunal and the chief justice does not have the authority to interfere with the Election Commission after consultation.

Chief Justice Aamer Farooq inquired whey why it was changed if there was a provision to appoint a retired judge as a tribunal judge. The court observed that first the provision was deleted and then included again. The court observed that when the law is promulgated, it is made considering next 50 to 100 years. It is not the way to make a law for today, and if any problem occurs it will be dealt with tomorrow. Shoaib Shaheen submitted that the Election Commission made many blunders in the completion of election results, did the consolidation later, issued the notification first and did not even correct this mistake.

Chief Justice Aamer Farooq expressed surprise and said, “Did this really happen?” Saad Hassan, the lawyer of the Election Commission raised the objection that these arguments had nothing to do with the change of the Election Tribunal. The chief justice said, “What is the anxiety about? Let them conclude their arguments.”

Shoaib Shaheen submitted that the successful candidates challenged the action of the Election Tribunal in the Election Commission. He said that petitions were filed on June 3, which were scheduled for hearing on June 4.

The Election Commission ordered the Election Tribunal to submit the records even though the Election Tribunal was not subordinate to the Election Commission, he said.

He submitted that Election Tribunal was to decide the election petitions within six months, and five months have passed today but the process has stopped there and could not move forward. He said the court also has to examine how delaying tactics are being used.

Shoaib Shaheen complained that the Election Commission did not give him adequate time on the tribunal change requests.

The chief justice observed that prejudice is a very specific charge and the petitioner should have been heard on it.

Shoaib Shaheen said that the Election Tribunal cannot go and give a reply and the counsel have to see the record and tell whether there is an allegation of bias, and it will have to be proved.

He said that if the tribunal judge is his brother or relative, then it should have been told and if they had any objection, they would have raised it before the Election Tribunal. The hearing of the case was adjourned till Monday.