The Islamabad High Court (IHC) stated on Wednesday that the decision to transfer the election tribunal was incorrect.
The court was hearing PTI’s petition against the ongoing proceedings related to the Election Amendment Ordinance and the change of the tribunal in the Election Commission of Pakistan (ECP).
During the proceedings, Chief Justice Aamer Farooq mentioned that the legal contradiction would be addressed separately, indicating that the issue of changing the election tribunal was distinct from the contradiction in the law.
Aamir Mughal’s lawyer, Faisal Chaudhry, completed his arguments, while the lawyers for Shoaib Shaheen and Ali Bukhari are set to continue their arguments on Thursday (today).
Faisal Chaudhry opposed the apology of Anjum Aqeel Khan, arguing that the contempt of court case against him should be heard first, noting that Anjum was seeking an apology for contempt of court.
The court remarked that the contempt of court case would be heard separately and that a show-cause notice might need to be issued.
If a show-cause notice is necessary, a full procedure must be followed, and if the court is not satisfied, a full trial may also occur.
Shoaib Shaheen’s lawyer argued that changing judges of the higher judiciary was unconstitutional, contending that the ECP, being an administrative body, could not hear cases where it was a party. He stated that the appointment and transfer of the election tribunal should be done by the judiciary in consultation with the chief justice of the relevant high court.
Faisal Chaudhry also argued that the tribunal for Islamabad cannot be established in another province.
The court adjourned the hearing until 1:30 pm today (Thursday).
In a separate development, an Islamabad election tribunal ordered the returning officer to submit records of Form 45 uploads in the case against alleged rigging in the NA-47 elections, adjourning the hearing.
Justice Tariq Mahmood Jahangiri of the election tribunal conducted the hearing on the petition against alleged rigging in the NA-47 elections in Islamabad.
During the hearing, lawyer Tariq Fazal Chaudhry stated that he had submitted responses and Forms 45, 46, and 47.
Meanwhile, PML-N MNA Dr. Tariq Fazal Chaudhry requested the dismissal of Shoaib Shaheen’s petition as inadmissible, citing that Section 145 of the Election Act gives the tribunal the power of suo motu action and the tribunal can dismiss the request.
The ECP’s lawyer stated that there was no separate record for the EMS; it is a system meant to work electronically. The presiding officer was supposed to upload photos to the system, which was with the RO, not the presiding officers, who were to send snapshots.
