Elections Act amendment bill sails through Senate amid opposition protest

The Senate on Thursday approved the Election Act Amendment Bill 2024 amid strong protest by the members of the opposition benches, seeking restoration of the original provision to allow retired judges of high courts for appointment as members of the election, amid opposition's protest.

Persistent sloganeering irked Senate Chairman Syed Yousuf Raza Gillani who warned the protesting members, saying, "Do not consider it the National Assembly. I will take stern action if the protest continues."

Later, the opposition members staged a token walkout and returned to the floor of the Upper House.

Minister for Law and Justice Azam Nazeer Tarar tabled the bill. 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.”

Earlier in late June, the National Assembly approved the Election Act Amendment Bill, 2024 amid the protest of the opposition against the restoration of original provision making retired judges of high courts eligible for appointment as members of the election tribunals for hearing of election petitions.

In the previous legislation, the appointment of retired judges as a member of the ETs was replaced with sitting judges. However, the PML-N-led government has restored the original provision of Section 140 of the Election Act, 2017.

Earlier on June 27 in its maiden meeting, the Standing Committee of the National Assembly on Parliamentary Affairs gave approval to the amendment to the amended Election Act with a majority vote that seeks to restore the original provision of Section 140, making retired high court judges eligible for appointment as members of election tribunals.

The amendment aims to expedite the settlement of petitions pertaining to elections of the National Assembly, the Senate, provincial assemblies, and local governments.

— With additional input from APP