Supreme Court
A five-member larger bench of the Supreme Court of Pakistan (SCP) delivered a unanimous verdict, overturning the Lahore High Court’s (LHC) ruling regarding the appointment of judges to Punjab’s election tribunals.
The bench, led by Chief Justice Qazi Faez Isa, ruled in favor of the Election Commission of Pakistan’s (ECP) appeal, effectively nullifying the LHC decision.
The Supreme Court’s ruling emphasized the importance of consultation between constitutional institutions before making critical decisions.
In particular, the court noted that it would have been more appropriate if the Chief Justice of the Lahore High Court and the Election Commission of Pakistan had engaged in prior discussions before the LHC passed its judgment.
The Supreme Court highlighted that mutual respect between constitutional institutions is crucial, stating, “This is what people expect.”
The apex court further noted that following the LHC’s ruling, consultations had indeed taken place between the Lahore High Court’s Chief Justice and the ECP.
These discussions led to the resolution of the issue without the need for further legal action. The court deemed the dispute resolved amicably, reinforcing the idea that such matters can be best handled through dialogue rather than litigation.
As part of its decision, the Supreme Court declared the Lahore High Court’s judgment regarding the appointment of judges to eight election tribunals in Punjab as null and void.
Consequently, the notification of these appointments was also deemed invalid. The SCP clarified that the LHC’s single bench decision could not be used as a judicial precedent for future cases, indicating the limits of its applicability.
In their judgment, Justice Jamal Khan Mandukhel and Justice Aqeel Abbasi added supplementary notes while agreeing with the overall decision of the court.
They criticized the LHC judge’s failure to consider the absence of a meeting between the Chief Election Commissioner and the Chief Justice of the Lahore High Court. The Supreme Court remarked that had this meeting, or lack thereof, been acknowledged, the LHC’s decision might have been different.
The SCP also advised caution in handling disputes related to constitutional institutions, emphasizing the sensitivity and importance of such matters.
The original decision to appoint judges to the Election Tribunal in Punjab was made by the Lahore High Court on June 12, 2024. Following this decision, the Election Commission filed an appeal with the Supreme Court, challenging the judgment made by the single bench of the LHC.
In conclusion, the Supreme Court’s ruling not only nullified the appointments but also served as a reminder of the importance of inter-institutional consultation and respect, ensuring that decisions made by constitutional bodies are harmonious and well-considered.
I am a dynamic professional, specializing in Peace and Conflict Studies, Conflict Management and Resolution, and International Relations. My expertise is particularly focused on South Asian Conflicts and the intricacies of the Indian Ocean and Asia Pacific Politics. With my skills as a Content Writer, I serve as a bridge between academia and the public, translating complex global issues into accessible narratives. My passion for fostering understanding and cooperation on the national and international stage drives me to make meaningful contributions to peace and global discourse.
