ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad vs SALMAN AKRAM RAJA S

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ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad VS SALMAN AKRAM RAJA S. 140---Election Tribunals, appointment of---Powers of the Chief Justice of the High Court and the Election Commission of Pakistan ("Commission")---Power to appoint (Election) Tribunals rests only with the Commission, but in order to ensure free and fair election, an independent machinery is necessary---In such view of the matter, the power to adjudicate such delicate task, has been assigned to the judiciary---Therefore, in case of appointing a sitting Judge of a High Court, consultation with the Chief Justice of the High Court concerned by the Commission is a condition precedent---Purpose of consultation is because of the realization that the Chief Justice is not only the administrative head of the High Court but also is in best position to know and assess the suitability and availability of the Judges---As several Judges are performing their functions in different Benches, therefore, while nominating Judges, it will be convenient for the Chief Justice to consider availability of Judges at relevant Benches---In this way, the determination of territorial jurisdiction can also be resolved suitably---Once the Chief Justice nominates Judges for the purpose of appointment as Tribunals, the Commission is bound to accept the names and notify them accordingly, unless, there are cogent reasons, which must be communicated to the Chief Justice---If the Chief Justice is satisfied with the reasons advanced by the Commission, he may substitute a Judge accordingly---Constitution and section 140 of the Elections Act, 2017 do not provide for any provision, enabling the Commission to request for a panel of Judges for the purpose of appointment as Tribunals---Intention of the Legislature is evident of the fact that they did not assign power to the Commission to ask for a panel of Judges and pick and choose a Judge of its own choice amongst them---Commission must have faith in every Judge and can only ask for a Judge against each Tribunal---Primacy, therefore, lies in the final opinion of the Chief Justice---Commission is a constitutional body and the Chief Justice and Judges are holding constitutional posts---It is expected that members of both the institutions must respect each other and in case of any issue, they are supposed to have a meaningful consultation as has been provided by the Elections Act, 2017.

ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad vs SALMAN AKRAM RAJA S — 2024 PLD 1246 SUPREME-COURT

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