IHC stops tribunal proceedings in Islamabad’s 3 constituencies case

ISLAMABAD: The Islamabad High Court (IHC) stopped the election tribunal from proceeding with the formal trial of three constituencies of the federal capital in the case against the change of election tribunal and the Election Act Amendment Ordinance.

The court issued a notice to the attorney general and advocate general Islamabad and indicated to hear the case on a daily basis from July 22.

On Thursday, IHC Chief Justice Aamir Farooq heard the case against the change of election tribunal and the Election Act Amendment Ordinance. The petitioner’s counsel said that two cases were heard on Monday and one was heard on Thursday, as the tribunal had asked for records, while some record was yet to come.

The IHC CJ remarked that “if you have any problem, challenge it in the Supreme Court. You have the right; you can challenge the interim order. There are two aspects of Section 151: The Election Commission can take action on its own, and also on some petitions.”

The chief justice inquired from lawyers of the successful candidates of Islamabad that some observations were made in the judgment regarding the RO, as to why they did not challenge the order? Was the Election Commission’s decision to change the judge on the basis of bias correct? This was main request in the application, he raised a question.

The lawyer said that the Islamabad High Court did not suspend the Election Commission decision, but reinstated the tribunal. “A constitutional body had exercised its power under Section 151,” said the lawyer for the PMLN leader.

Shoaib Shaheen Advocate said the ECP had not implemented the court decision yet. The tribunal had asked the ECP counsel for forms 45 and 47, which were not submitted.

The PMLN leaders requested for stopping the tribunal proceedings. On which, the IHC restrained the election tribunal from starting trial in the cases and remarked that the tribunal could only call for records. The court adjourned the hearing till July 22.