ECP transfers election pleas by three MNAs to Rawalpindi tribunal

ISLAMABAD: The Election Commission of Pakistan on Tuesday accepted the applications filed by three local MNAs for the transfer of their election petitions to another tribunal (Rawalpindi Division).

A four-member bench of the Election Commission, headed by Chief Election Commissioner Sikandar Sultan Raja, announced the reserved 18-page order, withdrawing the previous notification for the election tribunal comprising Justice Tariq Mehmood Jahangiri for the Islamabad Capital Territory.

The orders passed about the three petitions are nearly identical. The petitions were filed by PMLN’s Dr. Tariq Fazal Chaudhry, Raja Khurram Nawaz, and Anjum Aqeel Khan, while the respondents—Shoaib Shaheen, Syed Muhammad Ali Bokhari and Aamir Mughal—are from the PTI.

The order reads, “… The Commission, without going into the merits of the case or commenting on the integrity and repute of the Hon’ble Presiding Judge of the Election Tribunal, holds that the transfer of an election petition from one tribunal to another can be granted if it is in the interest of justice.

“The applicant intends to seek a fair trial in the election petition pending adjudication before the Election Tribunal, which can only be possible if he has confidence in the Tribunal. It is demanded that for a smooth and swift trial, and to ensure a fair trial in all respects within a reasonable time, a fair opportunity should be provided to the parties to defend their case,” the order states.

The commission pointed out that it had previously allowed an application (vide order dated 10.06.2024), transferring the election petition. The respondents then had challenged this in the Islamabad High Court, which directed the matter to be decided according to the law and observations made by the court.

“With the insertion of Article 10-A in the Constitution of the Islamic Republic of Pakistan, 1973, through the Eighteenth Amendment, the right to a fair trial and due process is guaranteed for every person. The concept of due process is based on the idea that legal proceedings should be carried out in accordance with established rules, express statutory provisions and settled principles for deciding the rights of litigants,” the order reads.

The election commission concluded that in the light of the above-mentioned reasons and in the exercise of powers conferred upon the commission under Article 218(3), Article 10-A of the Constitution, and Sections 3, 4, and 151 of the Elections Act, 2017, the transfer application is accepted, and the election petition is hereby transferred to the election tribunal for Rawalpindi division. The tribunal will be chaired by Justice (R) Abdul Shakoor Paracha, who is conferred the jurisdiction of Islamabad Capital Territory for the trial and disposal of the election petitions.