(Ihtsham Kayani) The detailed decision of the petitions against the change of Election Tribunal Islamabad has been issued. Chief Justice of Islamabad High Court Amir Farooq has issued the detailed decision.
The Election Commission’s decision to change the election tribunal on June 10 was annulled, the Islamabad High Court accepted the petitions of the PTI leaders. The Election Commission should decide on the petitions in accordance with the law in the light of judicial observation, the decision further states that the Election Commission acted hastily on the request for change of tribunal, proceeding without taking an affidavit on the issue of bias, the petition Not giving proper opportunity to the petitioners to present their case is the failure of Election Commission, the power of case transfer is supervisory and administrative in nature, this power can be exercised after hearing all the parties.
The court decision said that it would be appropriate for the Election Commission to review the transfer decision and decide, since the parties were not heard in the tribunal transfer case, therefore this decision cannot be sustained in the eyes of law.
The petitions against the Election Commission’s authority to change the election tribunal were rejected. The petitions against the Election Commission’s authority to change the tribunal of PTI candidates were rejected. Change is optional.
The PTI candidates had also challenged the Election Commission’s authority under Section 151, which said that the procedure should be that the transfer application should first be made to the judge concerned, and that it is up to that judge to recuse himself from hearing a case. Yes, failure to grant judicial observations or adjournment cannot be a ground of prejudice, rejection of an application cannot also be ground of prejudice.
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2024-09-20 12:41:25