SCP Declares LHC’s Judge Appointments Null and Void

A five-member larger bench of the Supreme Court of Pakistan (SCP) unanimously ruled in favor of the Election Commission of Pakistan’s (ECP) appeal, overturning a decision made by the Lahore High Court (LHC) concerning Punjab’s election tribunals.

Chief Justice Qazi Faez Isa presided over the bench that examined the case and delivered the unanimous verdict.

The Supreme Court noted that it would have been more suitable for the Chief Justice of the Lahore High Court and the ECP to have consulted with each other prior to the ruling.

Additionally, the court acknowledged that mutual consultation has since occurred between the Lahore High Court Chief Justice and the ECP.

Consequently, the court determined that no further legal proceedings are needed, as the dispute has been amicably resolved through dialogue between the two institutions.

The verdict stated, “There should be mutual respect between constitutional institutions, which is what the public expects.”

Furthermore, the Supreme Court declared the Lahore High Court’s decision to appoint judges to eight election tribunals as null and void, rendering the related appointment notification invalid.

The ruling emphasized that the decision made by the Lahore High Court’s single bench cannot be regarded as a judicial precedent.

Justice Jamal Khan Mandukhel and Justice Aqeel Abbasi provided additional comments in support of the judgment while agreeing with the overall decision.

In the verdict, the Supreme Court stated, “The Lahore High Court judge did not consider the meeting between the Chief Election Commissioner and the Chief Justice of the LHC. Had the judges recognized the absence of this meeting, such a decision would not have been reached.”

The ruling underscored the need for a cautious approach when dealing with disputes involving constitutional institutions.

The Lahore High Court had made the decision to appoint judges to the Election Tribunal on June 12, 2024. Following this, the Election Commission filed an appeal with the Supreme Court against the single bench’s ruling.

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