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

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SALMAN AKRAM RAJA VS ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner S.140(3)---Election Tribunal, appointment of---Consultative process---Scope---Petitioner / candidate was aggrieved of refusal of Election Commission to appoint Judges of High Court so nominated by Chief Justice of High Court to act as Election Tribunals---Validity---Provision of S. 140(3) of Elections Act, 2017 refers to a stage prior to appointment of Election Tribunals by Election Commission---Such stage contemplates appointment of a sitting Judge as Election Tribunal in consultation with Chief Justice of High Court concerned---Consultative process has to precede appointment to be made by Election Commission---Election Commission is not tasked with determining their fitness and suitability and has no power at all to pick and choose Judges out of a panel which suits its cause---Such act of Election Commission is not only offensive but strikes at the concept of judicial integrity and comity---In matters of appointment of Election Tribunals under S. 140 of Elections Act, 2017 the opinion of Chief Justice of a High Court had pre-eminence over a contrary view of Election Commission, which was bound to appoint Judges nominated by the Chief Justice---High Court set aside notification issued by Election Commission assigning areas of jurisdiction to Election Tribunals---Territorial jurisdiction and areas to be assigned was exclusive domain of Chief Justice of a High Court---High Court declared letter issued by Election Commission requiring Chief Justice of High Court to provide panel of Judges to Election Commission for their appointment as Election Tribunals, as unlawful and beyond its powers---High Court also set-aside notification issued by Election Commission assigning territorial jurisdictions of Election Tribunals---Election Commission was under obligation to appoint as Election Tribunals all Judges of High Court who were nominated by Chief Justice unless the Chief Justice would withdraw any name or substitute it---Constitutional petition was allowed accordingly.

SALMAN AKRAM RAJA vs ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner S — 2025 CLC 56 LAHORE-HIGH-COURT-LAHORE

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