PESHAWAR: The Peshawar High Court on Friday directed the Election Commission of Pakistan and caretaker federal and Khyber Pakhtunkhwa governments to respond to the plea of a Pakistan Tehreek-i-Insaf leader for orders to the commission to hold the upcoming elections in the province through judicial officers under the supervision of the judiciary.

A bench consisting of Chief Justice Mohammad Ibrahim Khan and Justice Shakeel Ahmad fixed Dec 18 for next hearing into the petition filed by senior lawyer and spokesperson for the PTI Mohammad Muazzam Butt, who has also sought orders for the ECP and provincial government and governor not to interfere in the process for next polls.

The high court held proceedings hours before a Supreme Court bench suspended the order of the Lahore High Court to suspend the ECP’s notification of appointing district returning officers (DROs).

PHC declares it won’t allow delay in Feb 8 general elections

When the petition was filed last month, the ECP didn’t issue the Dec 11 notification regarding the appointments of DROs.

As allowed by the court, the petitioner filed an amended plea on Friday wanting the notification to be set aside.

During the hearing, the bench observed that it won’t allow anyone to delay polls beyond the date announced by the ECP.

Advocate general Aamir Javed and additional attorney general Sanaullah Khan represented the KP and federal governments, respectively, whereas Advocate Mohsin Kamran Siddique appeared for the ECP.

The AG pointed out that the petitioner had not challenged the notification of the ECP regarding appointments of the DROs, ROs and other officers. He added that at the filing of the petition in Nov the said notifications were not issued.

When the bench inquired about the developments after the suspension of the ECP’s notifications by the Lahore High Court, the petitioner said after the suspension of the notifications the ECP had also stopped training of the appointed DROs and ROs.

He said that the ECP announced on Nov 3 that general elections for the National Assembly and four provincial assemblies would be held on Feb 8, 2024.

He argued that the caretaker provincial government and governor were controversial and that the appointed DROs and ROs were administrative officers functioning under them and therefore, free and fair polls won’t be possible through them.

The chief justice observed that apparently, the district administrative officers had been left with no work but to issue detention orders under the Maintenance of Public Order Ordinance.

He added that during a couple of months, the administration in different districts had issued around 700 detention orders under the MPO.

The bench wondered whether in such conditions, free and transparent elections were possible under the supervision of district administrations.

The AG said the provincial government had records showing a particular political party constantly violating the orders of administration and holding public meetings without permission.

The bench observed that holding elections was a sacred trust and the ECP had the powers to conduct polls through its officers, judiciary or executive officers.

The counsel for the ECP said the commission was fully aware of its constitutional obligation of holding “free and fair” polls and this responsibility was assigned to it under Article 218(3) of the Constitution.

He pointed out that the commission had the powers to take action against officers violating the ECP orders of holding fair polls.

When asked, the counsel told the court action had been taken against several officers.

Published in Dawn, December 16th, 2023