ECP urged to restrain Punjab caretaker govt

In letter to CEC, Sheikh Rashid says interim set-up failed to hold elections in 90 days

LAHORE:

The Election Commission of Pakistan (ECP) was asked on Friday to stop the Punjab caretaker government’s from making any transfers and postings because its constitutional tenure ended after 90 days.

The request was made in a letter sent by the Awami Muslim League (AML) President Sheikh Rashid and a citizen Muneer Ahmed to the Chief Election Commissioner (CEC) and all the ECP members through advocate Azhar Siddique.

The letter contended that in the interest of justice, equity and fair play, all responsibilities conferred upon the caretaker cabinet be revoked immediately, keeping in view the Article 218 (3) and the Article 220 of the Constitution.

It stated that the then Punjab chief minister, in exercise of his powers under Article 112 of the Constitution, advised the governor to dissolve the provincial assembly and ultimately, the legislature stood dissolved on January 14, 2023.

Later, the caretaker chief minister of Punjab was appointed, who assumed the office on January 22, 2022. The letter added that elections were due in 90 days from the dissolution of the assembly, but the caretaker government did nothing in accordance with law.

“The caretaker government failed miserably to act in accordance with law and the Constitution,” the letter said. “It continued to issue blanket orders of transfers and postings throughout the province,” it added.

Read Punjab elections on May 14 can lead to chaos, ECP tells SC

“Soon after the assumption of office by the caretaker government, political opponents of the last political government, started exerting political influence to procure large scale postings and transfer orders to get their favourites posted on important posts, especially on the posts which could materially affect the conduct of fair and free elections.”

Consequently, the letter continued, the caretaker government succumbed to political pressure, and in sheer abuse of its authority and functions, it started issuing orders and notifications without any lawful authority.

The letter said that the transfers and postings were meant to advance the election interests of the petitioner’s political opponents, adding that the officers, who were given important posts in Punjab, could be used to materially affect the provincial elections.

The letter recalled that the provincial assembly elections were announced on April 30, 2023 and the ECP had announced the election schedule but the polls supervisor withdrew the schedule and fixed October 8, 2023 as the new election date.

“This conduct is challenged in the Supreme Court of Pakistan where the ECP’s order is set aside. The caretaker government has failed in conducting elections within the given timeframe,” it added.

“In view of the aforementioned facts and circumstances since 90 days have elapsed, the caretaker set-up, according to the Constitution has seized to exist,” the letter said, adding that the caretaker set-up should be stopped from making any changes in the provinces, especially, pertaining to the transfers and postings and all of its operations.

It is requested that ECP to share all the required information, details and documents under Article 19-A of the Constitution for the public in the interest of fair play.