Supreme Court Rejects Election Commission's Plea Against Lahore High Court Decision

 

 Background

On June 20, 2024, the Supreme Court of Pakistan held a hearing regarding the Election Commission's appeal against the formation of election tribunals by the Lahore High Court. The Supreme Court, led by Chief Justice Qazi Faez Isa and Justice Naeem Akhtar Afghan, rejected the Election Commission's request to suspend the Lahore High Court's decision and accepted the Pakistan Tehreek-e-Insaf (PTI) candidates' plea to become parties in the case.

 Supreme Court's Remarks

During the hearing, Chief Justice Qazi Faez Isa questioned the reliance on ordinances for governance, stating, "If ordinances are to be used, then the Parliament should be closed. Bringing in ordinances is an insult to the Parliament." This comment underscored his view that such actions undermine parliamentary authority.

 Requests and Decisions

The Supreme Court directed that the request for forming a larger bench be sent to the three-member Practice and Procedure Committee. Additionally, the Election Commission was ordered to present records of correspondence with other high courts, and a notice was issued to the Attorney General.

 Case Details

The Election Commission's counsel, Sikandar Bashir, explained that on February 14, the Election Commission had written to all high courts to form election tribunals. It was highlighted that the formation of these tribunals is the Election Commission's prerogative. The Lahore High Court responded on February 20, providing the names of two judges, who were then notified as election tribunal members. Subsequently, on April 26, two more judges were appointed to the tribunals.

Chief Justice Isa expressed dissatisfaction with the lack of communication between the Chief Election Commissioner and the Chief Justice of the Lahore High Court. He emphasized that the constitution does not prohibit such meetings and questioned why the Election Commission often finds itself embroiled in controversies.

 Chief Justice's Concerns

Chief Justice Isa also addressed the matter of respect and decorum, questioning why the Election Commission is not referred to as "respectable" and highlighting the general lack of respect among parliamentarians.

 Ordinance Controversy

During the hearing, Chief Justice Isa criticized using a presidential ordinance issued by Acting President Yousaf Raza Gillani, suggesting that relying on ordinances disrespects parliamentary processes. He reaffirmed that the Constitution clearly grants the Election Commission the authority to form election tribunals, as Article 219, Section C outlines.

 Conclusion

The Supreme Court's decision to reject the Election Commission's plea and accept PTI candidates' request to become parties in the case reflects a commitment to upholding constitutional processes and ensuring transparent governance. The court's insistence on proper communication and respect among constitutional bodies aims to foster a more effective and respectful political environment in Pakistan.