ECP challenges IHC order rescinding ban notice

Spokesperson says decision was taken to provide a level playing field to all political parties and candidates

ISLAMABAD: The Election Commission of Pakistan (ECP) has challenged an Islamabad High Court’s order which set aside its April 11 notification through which the commission stopped new recruitment in government departments and imposed a ban on development works by the federal and provincial governments.

According to an ECP spokesperson, the decision was taken to provide a level playing field to all political parties and candidates.

The commission in its April 11 notification had said, “All kinds of recruitment in any ministry, division, department or institution of the federal government or any department or institution of any provincial and local governments is banned forthwith, except recruitment through the federal or a provincial public service commissions.



All development schemes, which have been approved with effect from April 1, 2018, like installation of gas pipelines, supply of electricity, road carpeting, water supply schemes, etc, shall not be executed by the federal, provincial, or local government authorities, it said.

“Moreover, the federal government, the provincial governments and the local governments shall not issue tenders of such schemes till the conclusion of the 2018 General Elections. That diversion of funds already allocated to various development projects in the country is banned forthwith and the spending of funds so diverted shall stand frozen forthwith.”

However, the federal and all provincial governments had challenged the notification in different high courts.

Later, Chief Justice Mian Saqib Nisar took suo motu notice in the matter as he was of the view that such adjudication might delay the election process.

On April 24, the apex court had directed the IHC to decide on the legality of the ECP notification within one week.

Likewise, a plea by the Punjab governments against the ECP notification was also transferred to the IHC. All provinces were also asked to contest against the decision in the IHC.

An IHC division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani on Thursday set aside the ECP order.

The provincial law officers argued before the court that the ECP is only responsible for conducting free and fair elections under Article 218 of the Constitution.

They argued that by issuing such an order, the ECP has usurped the powers of the governments two months before the expiry of their constitutional tenures.

They also said the poll supervisory body has gone beyond its mandate, interfered in the functions of the executive, and caused inconvenience for the general public.



They further said that such direction could only be issued after the announcement of the schedule of the general elections and in some cases during by-elections.

The ECP, however, contended that it has taken the step with a view to ensuring free and fair elections and to curb pre-poll rigging.

The commission contends that the April 11 notification was issued in the light of the Supreme Court 2013 verdict in the Workers Party case.

In the said judgment, the Supreme Court had directed the ECP to conduct polls and make necessary arrangements to ensure that polls are conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against in terms of Article 218(3) of the Constitution.