ISLAMABAD: A day after issuing the schedule for the general polls slated for Feb 2024, the Election Commission of Pakistan (ECP) on Saturday sought names of judges for appointment to appellate tribunals.
“I am directed to state that as per ECP’s notification dated December 15, 2023, the general election to the national/provincial assemblies Punjab, Khyber Pakhtunkhwa, Sindh, and Balochistan will be held on February 8, 2023, in this connection, it is requested to acquire concurrence and proposals of chief justices of [all high courts] in terms of sub-section (1) of Section 63 of the Elections Act, 2017 for appointment of appellate tribunals,” a letter sent by the ECP to the four provincial election commissioners read. It also asks them to treat the matter as “most urgent”.
An official of the ECP said under the law, a candidate or the objector may, within the time specified by the commission, file an appeal against the decision of the returning officer rejecting or accepting a nomination paper to an appellate tribunal.
He said that where the number of appeals so necessitate, the commission may appoint a person as tribunal who has been a judge of a high court in consultation with the chief justice of the high court concerned.
He said the appellate tribunal is to summarily decide an appeal within such time as may be notified by the commission and any order passed on the appeal is to be final.
“If, on the basis of information or material coming to its knowledge by any source, an appellate tribunal is of the opinion that a candidate whose nomination paper has been accepted is a defaulter of loans, taxes, government dues and utility expenses or has had any loan written off or has willfully concealed such fact or suffers from any other disqualification from being elected as a member of an Assembly, it may, on its own motion, call upon such candidate to show cause why his nomination papers may not be rejected, and if the appellate tribunal is satisfied that the candidate is actually a defaulter or has had a loan written off or suffers from any disqualification, it may reject the nomination paper,” the law read.
Meanwhile, the ECP will resume hearing of the petitions challenging PTI’s intra-party elections on Monday.
According to the ECP’s cause list, a four-member bench of the commission headed by member Sindh Nisar Ahmed Durrani is also to frame charges in Adiala Jail on December 19 against former PTI chairman Imran Khan and PTI’s ex leader Fawad Chaudhry for allegedly using intemperate language and contemptuous remarks against the ECP and the chief election commissioner.
The commission decided to conduct proceedings in the jail after the government declined to produce Imran before the Election Commission citing security reasons. Fawad Chaudhry is also lodged in the same jail.
Published in Dawn, December 17th, 2023
