PESHAWAR: Issuing a stay order, the Peshawar High Court on Wednesday directed the Pakistan Public Works Department to halt work on several development schemes in Khyber tribal district over their execution after the issuance of a code of conduct by the Election Commission of Pakistan.

While hearing a petition against tender notices issued for those projects, Justice Syed M Attique Shah and Justice Wiqar Ahmad set a 15-day deadline for the respondents, including federal government, Pak-PWD and ECP, to file comments on the issue.

The bench fixed the case for Sept 20 asking respondents to maintain status quo on the matter.

The petitioner and Khyber resident, Attaullah Khan, requested the court to declare the issuance of several tender notices by the government a violation of the Jan 22, 2023, ECP notification of the election code of conduct and ban on new development schemes.

Seeks response of govt, ECP to petition against ‘violation’ of election code

He further requested the court to declare illegal the impugned tender notices as well as any steps taken by the respondents in pursuance to those notices and declare them based on political consideration.

The petitioner sought the court’s orders for respondents to ensure free, fair and transparent elections in the province in accordance with Section 230 of the Elections Act, 2017.

Advocate Mian Zakir Hussain appeared for the petitioner and said the assemblies of both KP and Punjab, where Pakistan Tehreek-i-Insaf was in the government, were dissolved on the advice of the respective chief minister in Jan this year.

He said under Article 105(3) of the Constitution, the governor of KP had appointed the caretaker to execute the routine functions of government and to ensure free and fair elections and had no power to execute and announce development projects.

The counsel said the ECP had issued a notification on Jan 22 wherein the election code of conduct was given to ensure free and fair polls in the province in light of Articles 219(3) and 220 of the Constitution and Section 230 of the Elections Act.

He pointed out that in the code of conduct the ECP had directed “not to announce and execute any kind of development schemes in Punjab and Khyber Pakhtunkhwa provinces except those which are ongoing and approved before the issuance of this notification, moreover the Provincial Government and Local Government in Punjab and Khyber Pakhtunkhwa shall not issue tenders of such schemes till culmination of General Elections of both assemblies”.

He contended that despite the issuance of the said notification by the ECP, the respondents including the Pak-PWD issued various tender notices for the execution and announcement of development work in different districts including Khyber district, including work in Jamrud and Landi Kotal areas, on the directions of the federal government to accommodate their political candidates and influence the upcoming elections in the province.

The counsel claimed that all impugned tender notices had been issued at the request and pursuance of letters and requests of former MPAs and MNAs and that it had been done to accommodate contractors and get favourable feedback from the people of the locality in upcoming elections.

Published in Dawn, September 7th, 2023