LEGAL

SC Upholds ECP Suspension of LHC Verdict on Punjab Election Tribunals

The Supreme Court upheld the ECP's suspension of the Lahore High Court's June 12 ruling on Punjab election tribunals, stating the issue has been "amicably resolved."
2024-09-30
SC Upholds ECP Suspension of LHC Verdict on Punjab Election Tribunals

The Supreme Court of Pakistan on Monday upheld the Election Commission of Pakistan’s (ECP) suspension of the Lahore High Court’s (LHC) June 12 verdict, settling a dispute over the appointment of election tribunals in Punjab. The reserved verdict, released today, provided a final determination on whether the ECP or the LHC had the authority in forming these tribunals.

 

The ECP had filed an appeal requesting the apex court to overturn the LHC's ruling, which claimed that under Article 219(c), read with Article 222(b) of the Constitution, the LHC Chief Justice had primary authority over tribunal appointments under Section 140 of the Elections Act, 2017. The ECP contended that it should retain control over the appointment process to ensure free and fair elections.

 

On July 4, the Supreme Court temporarily suspended the LHC's June 12 notification, which constituted eight election tribunals in Punjab, and the court's ruling that its chief justice had the final say in the appointments. The apex court further directed meaningful consultations between LHC Chief Justice Aalia Neelum and Chief Election Commissioner Sikandar Sultan Raja to resolve the matter.

 

Today, the Supreme Court announced that the issue had been "amicably resolved" following a meeting between the LHC Chief Justice and the ECP Chief. According to the ECP’s counsel, the consultations resulted in a sufficient number of election tribunals being appointed, allowing the matter to move forward without conflict.

 

The Supreme Court appreciated both officials for their efforts to reach a resolution, noting that they fulfilled their "constitutional and legal responsibilities." The court's verdict also stated that the LHC’s June 12 decision would not be used as a reference in future disputes of this nature.

 

Chief Justice Qazi Faez Isa had previously expressed confidence that the ECP would act reasonably in its dealings with the judiciary, ensuring that the appointment process inspires public confidence. With the tribunals now appointed, the focus will shift to ensuring that they function effectively to address election disputes in Punjab.

 

This ruling clears the way for the smooth handling of election-related disputes in the province, reaffirming the ECP’s role in managing elections in collaboration with the judiciary.