PTI challenges postings, transfers in Punjab by-poll constituencies

In a significant development, top lawmakers of Pakistan Tehreek-e-Insaf (PTI) on Tuesday approached the Lahore High Court, challenging new postings and transfers of public officials, especially in the constituencies where by-elections are to be held.

On January 12, 2023, then Punjab chief minister Parvez Elahi had advised the governor to dissolve Punjab Assembly in exercise of his constitutional powers under Article 112. On January 14, 2023, pursuant to the advice of the then chief minister in accordance with terms of Article 112(1) of the Constitution, the assembly stood dissolved.

Subsequently, the speaker of the Punjab Assembly through a letter on January 20, 2023 requested the respondent to fulfil his constitutional duties and immediately appoint a date for elections not later than 90 days from the date of the dissolution of the legislature as required by Article 105 (3)(1)(a) read with Article 224 of the Constitution.

The petitioners, which include Hammad Azhar, Fawad Chaudhry, Shafqat Mehmood, Shah Mahmood Qureshi, and Asad Umar, among others, have requested the court to set aside all such notifications, including those through which transfers and postings have already been made since the dissolution of the provincial assembly on January 14, 2023.

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The lawmakers have also prayed to the court to restrain concerned quarters from making further transfers and postings in the constituencies where the by-elections are to be held. In their petition, the lawmakers have challenged the legality and constitutionality of a notification issued on February 4 by the chief secretary and caretaker chief minister of Punjab, Mohsin Naqvi, through which various public officials were posted and transferred in several districts of the province.

The petitioners have submitted that the said notification clearly violates the Constitution of Islamic Republic of Pakistan, the Election Act 2017, as well as the law settled by the superior courts of the country in various judgements. The lawmakers have stated that they are the candidates for the by-elections for various constituencies of the assembly to be held within the province, announced by the Election Commission of Pakistan.

They have alleged that the caretaker setup, which they claim is an extension of the PDM government and its ‘facilitators’, is using every possible means to extend undue and illegal advantage to the political opponents of the PTI and subvert the electoral process.

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They accused the caretaker setup of making these postings and transfers in the constituencies where elections are to be held, in order to co-opt the district administration and use the same to favour the candidates supported by PDM or other opponents of PTI in the upcoming by-elections.

The lawmakers further implored in the petition that several sections of the Election Act prohibit a caretaker government such as the one currently placed in Punjab from making major appointments of public officials and from transferring any public officials without the approval of the Election Commission of Pakistan.