The Election Commission of Pakistan (ECP) has challenged the Supreme Court's order of suspending the transfer of Lahore CCPO Ghulam Mehmood Dogar.
"The ECP is charged with a Constitutional duty of ensuring that the elections are conducted honestly, justly, fairly and in accordance with law and that the corrupt practices are guarded against. It is imperative that to ensure that the constitutional duty as envisaged in Article 218(3) is fulfilled, the machinery assisting the Commission is neutral and non-partisan, and also has no germs of affiliations with a political party.
“The incumbent officer has inclinations towards a particular political party and therefore the Commission has reasons to believe that he will not be able to fulfil its constitutional duties if the said officer remains the head of Division during the conduct of provincial assembly elections in Lahore," an application submitted by the ECP though it's counsel Sajeel Sheharyar Swati said.
The ECP requested the SC to allowed to be impleaded as a party to the petition and heard accordingly in the interest of justice.
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A three-judge bench of the apex court led by Justice Ijazul Ahsan and comprising Justice Munib Akhtar and Justice Sayyed Mazahar Ali Akbar Naqvi on Feb 27 in its order said, "The verbal request for approval, the alleged verbal approval followed by confirmation of alleged verbal request for transfer of the petitioner and the order passed by the government of Punjab dated 23.01.2023 which have been placed on the record prima facie has the appearance of being an attempt to circumvent our order dated 02.12.2022 and specially so because of the matter already sub-judice before this Court.
“An attempt to collaterally displace and circumvent an order of the Court is not sustainable. The same is therefore suspended."
The ECP stated that the provincial assembly of Punjab stood dissolved on Jan 14, 2023 in terms of Article 112(1) of the Constitution and then the caretaker government was appointed in terms of Article 224(A) of the Constitution.
It is submitted that applicant/intervenor for the purpose of conduct of smooth and transparent elections and to provide a level-playing field to the contesting candidates and political parties, has issued directives for the caretaker government dated Jan 22, 2023.
Letters were also written to the Punjab and K-P chief secretaries dated Jan 26, 2023 for reshuffling of all administrative officers for ensuring free, fair, and impartial elections.
It is a considered view of the commission that without reshuffling of such partisan officers, free and fair elections shall not be possible in line with articles 218 and 230 and the Elections Act 2017, it added.
It was submitted that the Supreme Court in the Workers Party’s case reported as PLD 2012 SC 681 at Para 41 mandated the commission to take preemptive measures to guard against any corrupt practices or even a possibility thereof, so that the elections were conducted freely, honestly, justly and fairly and in accordance with law.
It was not understandable as to why the incumbent officer was entrusted in a particular posting of his choice of station. As per the trite law of this land, the transfer and postings were the prerogative of the government ie provincial or federal government, and no particular officer could claim any right of posting of his choice.
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