LAHORE - The appointment of election tribunal judges at three posts, which are due to be vacated on August 31, has emerged as a new challenge after the Lahore High denied the request of the Election Commission of Pakistan on Saturday.
Yesterday, the LHC denied the request of the Election Commission of Pakistan (ECP) for the appointment of retired judges as members of three tribunals in Punjab.
The contracts of Lahore Tribunal Judge Kazim Ali Malik, Multan Tribunal Judge Rana Zahid Mahmood, and Faisalabad Tribunal Judge Javed Rasheed Mehboobi will expire tomorrow (Monday).
In its reply to the ECP, the LHC Registrar Office stated: “As per section 57 of the Representation of People Act, 1976, the Election Tribunal shall principally consist of a person who is a retired District and Sessions Judge; therefore, the ECP’s request cannot be acceded to and is hereby declined.”
The ECP initiated this move at such a time when these tribunal judges have announced their verdicts on rigging disputes, especially in NA-122, NA-125 and NA-154.
All these members - Kazim Ali Malik, Rana Zahid Mahmood and Javed Rasheed Mahboobi - enjoy good repute in the legal community.
Experts on constitutional law say the issue highlights mala fide intention of the ECP which continued to extend the contracts of these judges in past but now asking the LHC for new judges.
Advocate Aftab Bajwa told The Nation that the ECP’s denial of extension to the judges of tribunals was disappointing, because they all were dead honest persons and professionally sound.
Under Section 57 of Representative of Peoples Act 1976, the Election Commission of Pakistan has powers to appoint any person it seems eligible as member of the tribunal.
“Had there been a need of new judges (retired) for election tribunals, the ECP could have appoint them on its own. Why did it approach the Lahore High Court at first place?” he questioned.
The ECP’s latest move has opened a Pandora’s box, as according to experts these tribunal judges decided the most complex cases of poll rigging.
The appointment of retired judges as tribunals’ members is another debatable issue after the Supreme Court’ judgment of Mumtaz vs State PLD-2015 which bars the appointment of retired judges, say the lawyers.
They further say retired judges can be appointed on the same nature of job but they cannot be appointed on the administrative posts. Tribunals’ members are judges and the retired ones could be posted as members.
Constitutional expert Abid Hassan Minto said the ECP can directly appoint an eligible person as member of the tribunal. He says the SC’s judgment given in Mumtaz’s case does not bar that the retired judges cannot be appointed as the jobs of their relevant experience.