Islamabad constituencies: IHC nullifies ECP decision to change tribunal hearing rigging petitions

ISLAMABAD: The Islamabad High Court (IHC) has nullified the Election Commission’s decision to change the election tribunal that was hearing election petitions related to alleged rigging in three constituencies of Islamabad.

The order for appointing retired Justice Abdul Shakoor Paracha as the judge of the election tribunal, replacing Justice Tariq Mahmood Jahangiri, was also declared null and void. However, the court dismissed petitions challenging the Election Commission’s authority to change the tribunal, stating that under the Election Act, the Election Commission has the power to change the tribunal, but it is necessary to provide reasons for such a change.

The petitions requesting the transfer of the election tribunal from the successful members of the National Assembly of the Pakistan Muslim League-Nawaz (PML-N) will remain pending, and the Election Commission will reconsider the decision in light of the court’s observations.

IHC Chief Justice Aamer Farooq accepted the petitions filed by Shoaib Shaheen, Aamer Mughal, and Ali Bukhari against the change of the election tribunal and the Election Amendment Act regarding the alleged rigging in the three constituencies of Islamabad during the general elections of February 2024.

The detailed decision, declaring the Election Commission’s order to change the election tribunal null and void, stated that the commission acted hastily in processing the request to change the tribunal without taking a sworn affidavit on the issue of bias. It said the commission failed by not providing the petitioners with a fair opportunity to present their case, which also violates Article 10-A of the Constitution. The power to transfer a case is supervisory and administrative in nature, and such power can only be exercised after hearing all parties involved.

Since the parties were not heard in the case of the tribunal transfer, the decision cannot stand in the eyes of the law. The transfer requests of the election tribunal will be considered pending, said the IHC.

It would be appropriate for the Election Commission to review the transfer decision in light of the court’s observations. Judicial observations or the denial of a stay cannot be considered as evidence of bias, nor can the rejection of any petition be regarded as the basis for bias. The proper procedure should be that transfer requests are first submitted to the relevant judge. It is up to the judge to recuse themselves from hearing a case.

The court dismissed the petitions challenging the Election Commission’s power to change the tribunal, stating that under Section 151 of the Election Act, the Election Commission has the authority to change the tribunal.