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Sunday, September 8, 2024

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Islamabad High Court Reviews Election Act Amendments

 

The Islamabad High Court has taken significant steps in response to a petition challenging the Election (Amendment) Act. The court, therefore, issued notices to the Ministry of Law and Attorney General for Pakistan, requiring them to file their replies within ten days. The court’s motion indicates its commitment to dealing with legal concerns over recent changes made in election laws. In addition, they informed and directed the Attorney General for Pakistan to assist the court in comprehending the implications of the amendments.

Petition by PTI Against Tribunal Changes High Court

Pakistan Tehreek-e-Insaf (PTI) party has filed a petition against the alteration of the election tribunal and amendment ordinance related to it during ongoing legal proceedings. An advocate representing Members of the National Assembly from Pakistan Muslim League-Nawaz (PML-N) concluded his arguments by saying that the Election Commission’s decision to change the tribunal is not flawed. He withdrew his earlier statements regarding partiality and nepotism among tribunal judges, thus shifting legal discourse.

ElectionCommission’ss Defense  Court

Counsel for the Election Commission defended these modifications, stating that no other institution can bring about any change in executive matters except the Supreme Court. This defense highlights the role of commissions in safeguarding the integrity and efficiency of the electoral process.

Legal Proceedings on Election (Amendment) Act 

During the hearing, Ali Bukhari argued on behalf of the petitioner, contending that an amendment to the Elections Act had inserted a controversial clause. According to him, this provision allows the appointment of a retired judge as a tribunal judge, which could affect neutrality. His submission raises questions about fairness in electoral proceedings vis-a-vis such clauses.

Request for Larger Bench 

Shoaib Shaheen, another lawyer, requested that a more extensive or divisional bench be constituted to handle the matter. He highlighted the complexity and importance of the case, arguing that a more comprehensive panel is needed to ensure just adjudication through an extensive review by diverse judges.”

ChiefJustice’ss Directions High Court

The Chief Justice of the Islamabad High Court directed to schedule the next hearing ten days from today. This decision aims to give the parties more time to prepare their arguments and provide additional evidence, ensuring that all issues are thoroughly.

Inquiry About Tribunal Judges High Court

Aamer Farooq C.J.IHC, during proceedings, inquired about the status of judges who shall hear cases in the appellate tribunal. A a lawyer representing ECP clarified that these will be presiding officers from among EC,, taking care of concerns relating to their judicial capacity.

Adjournment and Further Proceedings 

Justice Tariq Mehmood Jahangiri Election Tribunal Islamabad instructed lawyers to file miscellaneous petitions seeking expedited decisions on election appeals of PTI candidates before them. The move aims to clear the backlog and ensure timely disposal of such matters.

Upcoming Hearing

The court adjourned the hearing until 31 July, reflecting the complexity of the case and the need for adequate time to address the legal aspects surrounding the subject matter. This also reflects the court’s commitment to the fair resolution of these significant challenges.

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