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Sitting Members could not seek re-election before expiry of their term --- Islamabad High Court, Islamabad directed the NCH to resume the Halted Election Process rather than issuing a New Schedule

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Sitting Members could not seek re-election before expiry of their term --- Islamabad High Court, Islamabad directed the NCH to resume the Halted Election Process rather than issuing a New Schedule

Islamabad 05-12-2024: In a significant ruling, the Islamabad High Court (IHC) dismissed Appeals challenging the eligibility of sitting members of the National Council for Homeopathy (NCH) to contest re-election and declared a fresh election schedule issued by the council as unlawful. The judgment, delivered by a divisional bench comprising Mr. Justice Miangul Hassan Aurangzeb and Mr. Justice Arbab Muhammad Tahir, emphasized strict compliance with the Unani Ayurvedic and Homeopathic Practitioners Act, 1965 and the 1980 Election Rules.

The Court held that members of the NCH cannot seek re-election before the expiry of their term, as mandated by Section 9(3) of the 1965 Act. Relying on Section 9(5), it stated that elections must be conducted at least three months before the council’s term ends to ensure compliance with the statutory timeline.

The Court invalidated the fresh election schedule issued on September 20, 2024, ruling it to be in violation of the Act and Rule 18 of the 1980 Rules. The Court highlighted that the new schedule was an attempt to render previously ineligible candidates eligible, undermining the fairness of the election process. The Court directed the NCH to resume the election process from the stage it was halted due to prior judicial orders, ensuring no breach of legal provisions.

The controversy arose when nominations for the NCH election were filed before the expiry of the existing members’ tenure. A fresh election schedule was later issued, allowing members who were initially ineligible to contest. The decision sparked legal challenges, culminating in this ruling.

This ruling reinforces the importance of adhering to statutory timelines and eligibility criteria in electoral processes. It underscores that judicial intervention can ensure procedural fairness and prevent attempts to circumvent election laws.

The appeals filed by the sitting members of the NCH were dismissed, while the connected writ petitions challenging the fresh election schedule were allowed. The Court declared the issuance of a new schedule unlawful and directed the election process to continue from the point it was interrupted.