President Asif Ali Zardari on Monday approved the Election (Amendment) Bill 2024, empowering the Election Commission of Pakistan (ECP) to appoint retired judges of high courts to head election tribunals, rather than only utilizing serving judges.
Under the amendments to Section 140 of the Elections Act, 2017, passed by both the National Assembly (June 28) and the Senate (July 4), the ECP is not required to consult with the chief justices for the appointment of retired judges as election tribunals. However, if any serving judge is appointed to the election tribunal, the chief justice of the high court concerned would be consulted.
Following the approval of the president, under Article 75 of the Constitution, the election bill has become an act. While the new act would not impact election tribunals already working on challenges to results of the Feb. 8 polls, it would come into force for pending tribunals in Punjab.
Last week, the Supreme Court took up an appeal filed by the ECP over the former chief justice of the Lahore High Court (LHC) unilaterally notifying election tribunals after the electoral body did not approve the serving judges designated by him for the task. The apex court suspended both the LHC order and the ECP’s initial notification regarding the appointment of eight election tribunals in Punjab, adding the case would remain pending until consultation between both sides.