A Lahore High Court (LHC) judge on Monday referred a petition, challenging the powers of the Election Commission of Pakistan (ECP) to initiate contempt of court proceedings, to the LHC chief justice with a request to form a larger bench for its hearing. The court observed that the petitioner had raised important law points which needed consideration. Justice Abid Aziz Sheikh heard the petition filed by one Mian Shabbir Ismail challenging Section 10 of the Election Act 2017.
The petitioner had submitted that the ECP was neither a court nor could it exercise judicial powers, but it had been given powers to initiate contempt proceedings under section 10 of the Election Act 2017. He contended that as per constitution, only courts were empowered to initiate contempt proceedings, adding that the powers of the courts could not be delegated to the administrative authorities such as the election commission. He contended that the Section 10 of the Election Act was a violation of the Constitution of Pakistan, 1973 and pleaded with the court to set aside the section. It is pertinent to mention here that the petitioner filed the petition apparently in wake of contempt proceedings initiated by the ECP against some leaders of Pakistan Tehreek-i-Insaf.
