LAHORE: The Lahore High Court (LHC) on Monday issued notices on a petition challenging the powers of the Election Commission of Pakistan (ECP) to punish for contempt charges under Section 10 of the Election Act 2017.
Earlier, petitioner’s counsel Azhar Siddique argued that the Supreme Court in multiple cases held that the ECP was neither a court nor a tribunal, therefore, the power conferred upon it under Section 10 could not be exercised being violative of Article 2014 and Article 175 of the Constitution.
The Section 10 reads, “The Commission may exercise the same power as the High Court to punish any person for contempt of court and the Contempt of Court Ordinance, 2003 (V of 2003), or any other law pertaining to contempt of court shall have effect accordingly as if reference therein to a court and to a judge were a reference, respectively, to the commission and the commissioner or, as the case may be, a member of the commission.”
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The counsel contended that the Article 175 clearly referred to the court by categorically stating that there would be a Supreme Court of Pakistan and high courts of each province and such other courts as may be established by law. He said the ECP had not been declared or established as a court, however, the Section 10 of the Act conferred power of a court, without it being established as a court.
He said any order passed by the ECP in pursuance of the Section 10 of the Act was challengeable before the Supreme Court.
The counsel asked the court to declare that the Section 10 of the Election Act, 2017 was in violation to the Constitution and restrain the ECP from taking any action or proceedings under the impugned Section.
Justice Abid Aziz Sheikh issued notices to the respondents and also sought assistance from the attorney general of Pakistan and advocate general of Punjab to assist the court on the powers to punish for contempt being enjoyed by the ECP.
The judge would resume hearing on Oct 18.
Shabbir Ismail, a lawyer by profession, filed the petition apparently in wake of contempt proceedings initiated by the ECP against some leaders of Pakistan Tehreek-i-Insaf.
