The Senate on Thursday passed the Elections (Amendment) Bill, 2024 with a majority vote amid the opposition uproar, seeking restoration of original provision to allow retired judges of high courts for appointment as members of the tribunals for hearing of petitions in respect of elections to the National Assembly, Senate and provincial assemblies.
Minister for Law and Justice Azam Nazeer Tarar, while tabling the bill, requested the House to pass the bill as passed by the National Assembly.
Speaking on the occasion, the minister said that many amendments were made in the said bill during the year 2023. He said an amendment was proposed for speedy disposal of election-related petitions referred to the election tribunals within six months.
The minister 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 restored the original provision of Section 140 of the Election Act, 2017.
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.”
Responding to points raised by Senator Syed Ali Zafar, the minister quoted the Article 219 Clause C of the Constitution and said that the bill was as per the original spirit of 1973 Constitution. Brushing aside the impression of bulldozing the legislation process, the minister said that Pakistan Tehreek-e-Insaf (PTI) had got passed 53 bills in just 45 minutes. The current amendment was part of the consensus document drafted with the consensus of all political parties, including the PTI, he added.
Endorsing the law minister’s viewpoint, Farooq H Naek of the Pakistan Peoples Party said that under the Constitution it was the jurisdiction of Election Commission of Pakistan (ECP) to set up election tribunals for hearing the petitions of contesting candidates.
After the 2013 general elections, he said, tribunals comprising retired judges were set up, which had disposed of over 80 per cent petitions. However, only 20 per cent petitions were disposed of when the serving judges of high courts were appointed as head of election tribunals after the 2018 general elections.
He said that the 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. He said that the legislation would help the PTI much as mostly petitions of its candidates were pending in the election tribunals. However, he lamented that the PTI did not want speedy disposal of election petitions rather anarchy in the country. JUI-F’s Kamran Murtaza said that it was ECP’s domain to set up election tribunals as per the Constitution.
Earlier, Leader of the Opposition Syed Shibli Faraz and Syed Ali Zafar alleged that the government was bulldozing the legislation process. They urged the chair to refer the bill to the standing committee concerned for detailed deliberation.
