A five-member larger bench of the Supreme Court of Pakistan (SCP) issued a unanimous verdict accepting the Election Commission of Pakistan's appeal, overturning the Lahore High Court (LHC) ruling regarding Punjab's tribunals.
SCP Chief Justice Qazi Faez Isa led the bench that heard the case and issued a unanimous decision.
The Supreme Court emphasized that it would have been more appropriate for the Lahore High Court chief justice and the Election Commission to engage in prior consultation before a ruling was made.
The court further noted that mutual consultation has now taken place between the Lahore High Court CJ and the ECP.
As a result, no further legal action is necessary, with the dispute considered resolved amicably through dialogue between the institutions.
The verdict stated: “There should be mutual respect between constitutional institutions, this is what people expect.”
The apex court also declared the Lahore High Court's decision to appoint judges in eight election tribunals as null and void. In the light of the court decision, the notification of appointment of judges is also declared null and void
The SC verdict stated that the Lahore High Court single bench decision cannot be presented as a judicial precedent.
Justice Jamal Khan Mandukhel and Justice Aqeel Abbasi wrote additional notes as part of the judgment while agreeing with the decision.
“The Lahore High Court judge did not take into account the meeting between the Chief Election Commissioner and the Chief Justice of LHC. If the judges had kept in mind the non-existence of this meeting, such a decision would not have been taken,” the Supreme Court said in its verdict.
The verdict stated that a cautious attitude should be adopted when the dispute is related to a constitutional institution.
The decision to appoint LHC judges in the Election Tribunal was given by the Lahore High Court (LHC) on June 12, 2024, subsequently, the Election Commission filed an appeal in the Supreme Court against the decision of the single bench.
