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Thursday, December 12, 2024

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Election Tribunals Formation Dispute: Legal Challenges

 

According to the Election Commission, only it can form election tribunals, not any other court like the High Court. It states that no court, including this one, can exercise the powers of the Election Commission. They thus request the Supreme Court to nullify all these points. The commission has also requested an early hearing on this appeal from the Supreme Court.

Election Lahore High Court’s Notice on Presidential Ordinance

Justice Shahid Karim of Lahore High Court has issued notices to the parties seeking their clarification by June 20 on a petition challenging a presidential ordinance appointing retired judges as members of election tribunals. Advocate Salman Akram Raja argued that according to the Lahore High Court, the Election Commission should have nominated judges. However, they did not do this. So he claimed that they brought Election Ordinance 2024 to weaken the high court’s decision.

Legal Challenge to Election Ordinance 2024

Someone filed a petition calling for the declaration of Election Ordinance 2024 as illegal. Which allows the appointment of retired judges as members of election tribunals. The petition states that it is unconstitutional to appoint them in Punjab under this law. The plea requests to halt such appointments until a final decision is made.

Key Points of Dispute

Formation of Election Tribunals:

  1. The Election Commission claims exclusive rights over forming election tribunals.
  2. Lahore High Court had directed the commission to appoint judges nominated by it.

Presidential Ordinance:

  1. The ordinance enables the appointment of retired judges as members of election tribunals.
  2. Petition argues that this ordinance undermines the Lahore High Court’s decision. And should be declared illegal.

Supreme Court Involvement:

  1. The election Commission appealed the Supreme Court against the Lahore High Court decision, asking them to suspend it.
  2. They have asked the Supreme Court to schedule an early hearing date for this matter.

Pending Clarifications:

  1. Justice Shahid Karim of Lahore High Court has sought clarifications from the parties regarding the ordinance by June 20.
  2. Advocate Salman Akram Raja argues that this is a deliberate attempt to weaken judicial decisions and seeks its nullification.

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