ECP deserves dignity, some judges utter humiliating remarks: SC

Islamabad: The Supreme Court of Pakistan (SCP) on Monday remarked that the chairman and members of the Election Commission of Pakistan (ECP) deserved respect, but unfortunately a few judges uttered humiliating remarks while ignoring their dignity. 

The remarks came from Chief Justice Qazi Faez Isa in a detailed judgment in the recounting case of three National Assembly constituencies in Punjab.

The Supreme Court's majority judgment said that the ECP is a constitutional body and its Chairman and members are entitled to respect, but unfortunately, some judges ignore this aspect and make derogatory remarks.

The majority judgment further said that every constitutional institution and constitutional officer deserves respect. The credibility of the institution is enhanced when it performs duties in the sphere of respect.

Supreme Court in its judgment wrote that it is an admitted fact that the recount applications in the three constituencies were received on February 9 and 10. On August 5, 2023, the Returning Officer (RO) was empowered to recount the votes by amending the Election Act, 2017.

The court decision stated that this amendment was there when the case went to the High Court, but the High Court did not consider sub-clause-5 of Section-95. 

The Supreme Court decided in a decision that the forum for election disputes is the Election Tribunal. The Apex Court has held that the High Court can hear the case where the Election Commission has no jurisdiction. In the Workers' Party case, the Supreme Court said that holding elections is the authority of the Election Commission.

It is pertinent to note that the Supreme Court declared null and void the decision of the Lahore High Court (LHC) and granted the recount requests of three members of the Pakistan Muslim League-Nawaz (PML-N) to the National Assembly and reinstated them.

A three-member bench of the Supreme Court, headed by Qazi Faez Isa, heard the recount petitions in different polling stations of NA-154, NA-81 and NA-79.

The Supreme Court approved the appeals of the PML-N leaders while restoring the ECP decision regarding the recount of votes and annulled the LHC’s decision in this regard.

The Supreme Court restored the decision of the ECP by a majority of two to one. Justice Aqeel Abbasi gave a dissenting decision while the majority decision said that the ECP is a constitutional body and its decision should be respected.

The court reinstated the election commission's decision regarding the recount of votes and reinstated PML-N members Azhar Qayyum Nahra, Abdul Rehman Kanju, and Zulfiqar Ahmed.