In a significant ruling, the Lahore High Court has directed the Election Commission of Pakistan (ECP) to promptly establish six additional election tribunals (ETs) for the Punjab province, following nominations forwarded by the Chief Justice. This decision comes in response to two petitions filed by independent candidates Advocate Salman Akram Raja and Rao Omar Hashim Khan, who contested and lost in the general elections from NA-128, Lahore, and NA-139, Pakpattan, respectively.
Justice Shahid Karim, presiding over the case, underscored the constitutional obligation on the ECP to appoint all six judges of the Lahore High Court nominated by the Chief Justice for the ETs, unless there’s a withdrawal or substitution by the Chief Justice. Emphasizing the supremacy of the Chief Justice’s opinion in such matters, Justice Karim cautioned against any infringement on the administrative powers vested in the Chief Justice, as enshrined by the Constitution and law.
In his comprehensive 26-page judgement, Justice Karim highlighted the vital role of the Chief Justice in determining suitable judges for the tribunals based on various considerations and insights within his domain. He rebuffed any attempts by the ECP to dictate specific appointments, asserting that such decisions are beyond the purview of the ECP and impede the fundamental right of access to justice guaranteed by the Constitution.
The court mandated the ECP to expedite the notification of the ETs within the next week, stressing the urgency of the matter. Failure to comply would result in the automatic issuance of the notification, with the Lahore High Court directed to proceed accordingly under the guidance of the Chief Justice in assigning areas to the tribunals.
Currently, only two election tribunals, each comprising judges from the Lahore High Court, are operational in Punjab. The petitioners argued that while the ECP had appointed tribunals in other provinces based on nominations from the respective Chief Justices, in Punjab, the ECP requested nominations for nine judges, initially appointing only two.
The petitioners urged the court to ensure the prompt establishment of additional tribunals in Punjab to facilitate the expeditious resolution of petitions related to the 2024 general elections.
This ruling underscores the crucial role of the judiciary in ensuring the fairness and efficiency of electoral processes, reaffirming the principle of separation of powers and upholding constitutional rights.