Justice Anwar Hussain of the Lahore High Court (LHC) has ruled on a significant legal and constitutional point, holding that an Election Tribunal (ET) possesses the authority to restore appeals dismissed for non-appearance.
The decision came in a 16-page detailed judgment on the election appeal filed by independent candidate Muhammad Yar from PP-201 against PML-N’s Naveed Aslam. Justice Anwar Hussain clarified that under the Election Act and in light of various judgments by superior courts, an ET has full powers to reinstate appeals previously rejected due to absence of the petitioner or their counsel. The judgment also incorporated precedents from the LHC and other higher courts to reinforce this stance.
According to the written order, Muhammad Yar’s appeal had initially been dismissed in December 2024 because neither he nor his counsel appeared before the tribunal. However, the appeal has now been restored. The court noted that the petitioner’s lawyer, based in Multan, was occupied with proceedings at the Multan bench on the day of the hearing, while Muhammad Yar himself was suffering from a lung infection. A medical certificate to this effect was submitted.
Additionally, the judgment pointed out that traveling becomes especially challenging in December due to heavy smog, which posed further risks for someone with Yar’s health condition. An affidavit attached to the restoration petition also strengthened its legal validity.
The tribunal, after restoring the appeal, has summoned the parties’ lawyers for further proceedings and adjourned the case until August 26. It is noteworthy that Muhammad Yar’s election petition challenges the victory of the PML-N Member of Punjab Assembly (MPA) from the constituency.
