The Election Commission of Pakistan (ECP) is said to have taken a controversial step after it has accepted the application of three lawmakers of the ruling PMLN requesting to halt proceedings on petitions against them and for the change of election tribunal. This is surprising when the ECP itself is a party to this case.
Three lawmakers of the PMLN from Islamabad on Monday expressing dissatisfaction over the election tribunal filed an application to the ECP on Monday requesting the change of election tribunal hearing their cases. These Members of the National Assembly include Dr Tariq Fazal Chaudhry, Raja Khurram Nawaz, and Anjum Aqeel from Islamabad. The request was filed noticing an alleged partiality of the judge.
The applicants expressed worries about receiving fair treatment and quoted bias and undue haste by the tribunal. They contended that the tribunal’s conduct undermines their right to a fair trial that was a violation of their fundamental right guaranteed by the Article 4 of the Constitution for a fair trial. They emphasized that every Pakistani deserves impartial justice. Having been declared victorious in the 2024 general elections, the petitioners also urged to halt the processing of election petition No 73 of 2024 demanding impartial justice.
He ECP declaring this application admissible fixed June 6 for the next hearing. The surprising elements in this whole matter are that all the three applicants declared winners of the NA have sought the transfer of election petitions pending for decision before the only available election tribunal in the federal capital.
Is there some other tribunal out of Islamabad or even in the federal capital? Even if such tribunal exists out of the federal capital, then would not be legal to transfer it out of Islamabad wherein the applicants were elected winner. Fixing this request for hearing doesn’t look surprising when the ECP itself a party in this case?
An ordinance was promulgated to amend Elections Act to empower the ECP to appoint retired judges as election tribunals, but this matter is too in the Lahore High Court. The applicants have sought shifting of petitions against them to some other tribunals have also prayed to stay proceedings against them in this tribunal.
Important to note is that the tribunal not only called upon all the respondents of election petition but also summoned the entire record of election from the authorities concerned at the very first date of hearing. Importantly, the election tribunal of the federal capital, comprising Justice Tariq Mehmood Jahangiri of the IHC on Wednesday gave final opportunity to the Tariq Fazal Chaudhry. He also imposed a Rs15,000 fine on the returning officer of the constituency 47 Islamabad for his absence during the last hearing.
Justice Jahangiri was hearing the election petition of the PTI’s independent candidate Shoaib Shaheen. Shaheen challenged the ECP notification that declared Chaudhry as the returned candidate in the said constituency.
The judge directed Fazal to file a written statement or comments in compliance along with an affidavit and forms 45, 46 and 47. It directed Dr. Fazal to file written statement to the petition of Shoaib Shaheen. As per the court order, last and final opportunity was provided to him to file written statement in compliance. Besides, the court directed the ECP to file comments on this election petition as well. Political analysts say the application for the change of tribunal possibly looks to just further linger on this matter.
(By Rana Kashif)
