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Friday, December 20, 2024

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Islamabad High Court: Election Commission Can Change Tribunal

 

The Islamabad High Court, directed by Chief Justice Aamer Farooq, is listening to a chain of petitions filed by Pakistan Tehreek-e-Insaf (PTI) challenging current adjustments to election tribunals and amendments to the Election Act. The court session has involved designated arguments from both sides, focusing on the legality and implications of those changes.

Legal Arguments from the Election Commission

The Election Commission’s legal team initiated their arguments by referencing various judicial precedents to support their case. Chief Justice Farooq noted that the challengers had only contested the ordinance associated with the amendments to the Election Act, not the amendments themselves. He highlighted that Ali Bukhari was the only person who had challenged the amendments and that three petitions alleging bias had been submitted to the Election Commission. The Commission responded to these allegations by altering the tribunal, which they are legally empowered to do.

Chief Justice Farooq emphasized that the Election Commission had the authority to change the tribunal and could have elaborated further in their order. The Commission’s discretionary power was acknowledged by him, and he noted that their decisions could include additional details.

Court’s Direction and Next Steps

During the proceedings, Chief Justice Farooq urged that all parties complete their arguments. The court also needed to hear from the Additional Attorney General. He expressed the court’s intention to expedite the case. I am aiming to conclude the arguments by the end of the day or Thursday. This reflects the court’s commitment to resolving the case promptly. Addressing any ambiguities related to the tribunal changes and Election Act amendments.

Implications and Ongoing Deliberations

The case holds significant implications for Pakistan’s electoral process and tribunal functions. The PTI petitions challenge the procedural aspects of tribunal changes and the broader legal framework affecting elections. Chief Justice Farooq’s observations underscore the importance of clarity in the legal process. There is a need for transparent decision-making by the Election Commission.

As the Islamabad High Court continues its deliberations. The outcome will determine whether the changes to the election tribunals. Amendments to the Election Act comply with legal standards and ensure fairness in the electoral process. People closely watch the proceedings because they could influence the future of election management and political fairness in the country.

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