PTI moves SC for restoring original election tribunal

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Thursday requested the Supreme Court to set aside the judgement of Islamabad High Court (IHC) and the order of the Election Commission of Pakistan (ECP), restoring the original tribunal for the adjudication of its election petition.

PTI leader Syed Muhammad Ali Bukhari filed in the apex court petition for leave to appeal under Article 185(3) of the Constitution against the IHC judgement of September 19, 2024, remanding back to the ECP for a fresh decision.

The petitioner made Federation of Pakistan through the ministry of law and justice secretary and ECP as respondents. He prayed the apex court that the operation of the judgements/ orders be suspended during the pendency of the appeal in the court.

The petitioner submitted that it was essential to establish the Election Tribunal in consultation with the chief justice of the relevant high court, as Section 140 mandates appointment of the tribunal after a meaningful consultation with the chief justice.

Similarly, once the tribunal has been appointed from among sitting judges of a high court, no judge of the high court can be removed from judicial work or administrative duties without the approval of the chief justice concerned, as they operate under the administrative control of the chief justice while discharging their functions as judges of the high court, he submitted.

It is pertinent to mention here that an IHC single bench led by Chief Justice Aamer Farooq on September 19, 2024, had nullified the ECP order of June 10 to replace Election Tribunal judge Justice Tariq Mahmood Jehangiri.

The IHC had heard the petitions of PTI leaders Muhammad Ali Bukhari, Shoiab Shaheen and Aamir Mughal, challenging the ECP order appointing a retired judge to the tribunal and replacing Justice Tariq Mahmood Jehangiri.

Although, the court had nullified the ECP order but sent the case back to the commission, directing it to make a fresh decision.

Earlier, the ECP had accepted the pleas, filed by Pakistan Muslim League-Nawaz MNAs Khurrum Nawaz, Anjum Aqeel and Tariq Fazal Chaudhry, seeking to transfer election tribunal in all the three constituencies of Islamabad.

A four-member bench of headed by Chief Election Commissioner Sikandar Sultan Raja on June 10, 2024 had accepted the Pleas of PMLN MNAs and declared that the tribunal led by Justice Jehangiri was not impartial. All the three PMLN MNAs were elected from Islamabad constituency during the general election held on February 8, 2024.