LAHORE: The Lahore High Court on Thursday issued notices to the caretaker federal and Punjab governments and the Election Commission of Pakistan (ECP) on a petition by the Pakistan Tehreek-i-Insaf (PTI) against appointment of bureaucrats to act as returning officers (ROs) for the upcoming general elections.
Earlier, Justice Ali Baqar Najafi asked the PTI’s counsel whether the court had the jurisdiction to grant the relief sought in the petition.
Advocate Abuzar Salman Niazi, the party’s counsel, stated that sections 50(1)(b) and 51(1) of the Elections Act 2017 were repugnant to the Constitution, therefore, the court could strike down the unconstitutional provisions.
The judge issued notices to the respondents for submission of replies by Dec 12 and also instructed the petitioner’s counsel to come up with more arguments on the point of the maintainability of the petition.
Barrister Umair Khan Niazi, additional secretary general of the PTI, filed the petition alleging that the caretaker government in the province, led by Chief Minister Mohsin Naqvi, influenced the bureaucracy against the PTI, its leaders, and workers.
He says the PTI is being denied its basic constitutional rights to function as a political party, while its rivals are being supported and patronised in stark violation of the mandate of the caretaker government.
He contends that the caretaker government has made frequent transfers and postings in the bureaucracy in sheer violation of the Elections Act.
The petitioner argues that the ECP confirmed that it is in the process of appointing election officials, including district returning officers (DROs), presiding officers, and polling officers responsible forthe conduct of the elections.
He pleads that the appointment of ROs and other election staff from among government officers defeats the whole purpose of creating an independent election commission. He urges the court to declare the appointment of the government officers as returning officers and district returning officers unconstitutional.
He asks the court to order the ECP to initiate the process of consultation with the LHC chief justice for the appointment of judicial officers as the returning officers for the Feb 8 general elections.
Published in Dawn, December 8th, 2023
