The Senate on Thursday passed the Elections (Amendment) Bill, 2024 with a majority vote, seeking the restoration of the original provision to allow the appointment of retired high court judges as members of election tribunals.

The Supreme Court has taken up an appeal of the Election Commission of Pakistan (ECP) to settle a raging controversy over who should appoint tribunals to decide election disputes, the commission or the Lahore High Court (LHC).

On May 29, the LHC had held that under Article 219(c) read with Article 222(b) of the Constitution, the LHC chief justice enjoyed primacy in the appointment of election tribunals under Section 140 of the Elections Act, 2017.

According to the ECP, the interpretation of the single judge does not accord with Articles 219(c), 222(d) and its proviso, 225 of the Constitution and sections 140(1) and (3) and 151 of the Elections Act.

In May, Senate Chairman Yousuf Raza Gilani, serving as the acting president at the time, had signed the Elec­tions Act (Ame­nd­m­ent) Ordinance 2024. The ordinance allowed for election tribunals to have retired judges as their members, besides serving judges.

Law Minister Azam Nazeer Tarar tabled the bill today and requested the Upper House to pass it as done by the National Assembly last week.

Speaking on the occasion, the minister said that many amendments were made to the bill during 2023. He said an amendment was proposed for the speedy disposal of election-related petitions referred to the election tribunals within six months.

Tarar said in the previous legislation, the appointment of retired judges as members of the election tribunals was replaced with sitting judges, but, now, the government has restored the original provision of Section 140 of the Election Act, 2017.

Leader of the Opposition in the Senate Shibli Faraz and PTI Senator Ali Zafar alleged that the government was bulldozing the legislation process and urged the chairman to refer the bill to the standing committee concerned for detailed deliberation.

Responding to points raised by PTI Senator Ali Zafar, Tarar quoted Article 219 Clause C and said that the bill was as per the original spirit of the Constitution.

“The current amendment is part of the consensus document drafted with the consensus of all political parties, including the PTI,” he added.

Endorsing the law minister’s viewpoint, PPP Senator Farooq Naek said that under the Constitution, it was the ECP’s jurisdiction to set up election tribunals for hearing petitions of contesting candidates.

He said that serving judges were already overburdened due to the pendency of cases in high courts. “We should frame such a law which could help ensure cheap and speedy disposal of such petitions,” he added.

According to its statement of object and reasons: “In the year 2023, through the Elections (Amendment) Act, 2023, an amendment was made in the said Section 140 to make only the serving judge of a high court as member of the election tribunal in respect of cases of an election to an assembly or the Senate.

“But the fact of the workload of high courts in pending litigation was overlooked, which workload in heavy pendency of cases still exists and it is very difficult for the serving judges of the high courts to spare required time for swift adjudication of election petitions.

“As such, it is appropriate to restore the original provision of the said Section 140 so as also to make retired judges of high courts eligible for appointment as member of the election tribunal for hearing of election petitions in respect of election to the National Assembly, the Senate and provincial assemblies.

“Similarly, for consistency, it is desirable to make retired district and sessions judges and retired additional district and sessions judges eligible for appointment as member of the election tribunal for hearing of election petitions in respect of election to a local government.”