Zardari approves the Election (Amendment) Bill 2024

ISLAMABAD: President Asif Ali Zardari signed the Election (Amendment) Bill 2024 into law on Monday.

The bill, which introduces amendments to section 140 of the Election Act 2017, aims to expedite the resolution of electoral disputes by allowing the appointment of retired high court judges to election tribunals.

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The bill began its legislative journey with the National Assembly (NA) passing it on June 28, followed by approval from the Senate on July 8. According to a statement from the President’s office, the bill received assent under article 75 of the constitution.

Under the amended provisions, the Election Commission of Pakistan (ECP) is empowered to appoint retired high court judges to serve on election tribunals. However, the ECP must consult with the Chief Justices of the respective high courts when appointing serving high court judges.

The amendment is reportedly aimed at addressing the backlog of cases in high courts, allowing serving judges to focus on their primary judicial duties while retired judges handle electoral disputes swiftly.

Proponents of the bill argued that the amendment restores section 140 to its original intent, which included provisions for both serving and retired judges to preside over election tribunals. Federal Law Minister Nazir Tarar, who presented the bill in the NA, said that there was a need for efficient adjudication of election petitions.

Opposition to the bill came from members such as Omar Ayub and Alia Kamran of the Jamiat Ulema-e-Islam (JUI), who expressed concerns over its implications. Despite objections, the bill proceeded through parliamentary procedures, culminating in its passage in both houses of Parliament.

The legislative action comes amidst judicial scrutiny over the appointment of election tribunals. The Supreme Court recently intervened in a dispute regarding the authority to appoint these tribunals.

Earlier legislative efforts, including the Election (Amendment) Act 2023, had restricted tribunal membership to serving high court judges.

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This reportedly contributed to delays in resolving electoral disputes. The Election (Amendment) Bill 2024 is sought to “rectify” the shortcomings by expanding the pool of eligible tribunal members to include retired district and sessions judges as well, particularly for cases related to local government elections.