PTI asks SC to remove caretaker CMs

The Pakistan Tehreek-e-Insaf (PTI) party has moved a petition in the apex court against “unconstitutional” caretaker governments in Punjab and Khyber-Pakhtunkhwa (K-P) provinces, stating that these governments have completed their 90-day term and cannot work now.

In the petition filed through advocate Khawaja Tariq Rahim, the petitioners—Fawad Chaudhry, Parvez Elahi and Mahmood Khan—have raised a number of questions about the legitimacy of the caretaker governments in the two provinces.

Caretaker governments were established in Punjab and the K-P in the last week of January after the PTI which ruled over the provinces despite ouster of its government in the Centre decided to dissolve the provincial assemblies on January 15 in a bid to force the federal government to announce polls.

Referring to Article 224 of the Constitution, the petition said a caretaker government could not operate beyond 90 days as the Constitution clearly states that elections must be held for a legislature 90 days after its dissolution.

It said: [As] the Constitution does not entitle any extension in the tenure of caretaker governments, the court in terms of Article 184(3) read with Article 187 is bound to act in a manner which would ensure the compliance of the Constitution as well as holding of fair and free elections in the provinces.

 The petition requested the court to remove the Punjab and the K-P caretaker chief ministers and to retrain them to exercise power or authority.

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“Appropriate directions be issued to regulate the day-to-day operations of the provinces of Punjab and the K-P under supervision of this court till the time general elections are held and a democratically elected government is installed therein,” it said.

The petitioners also attached the notifications of the Elections Commission of Pakistan (ECP) with regard to appointment of Punjab and the K-P chief ministers. Punjab Caretaker CM Mohsin Naqvi was appointed on Jan 22 while his counterpart in the K-P, Azam Khan, was appointed a day earlier on Jan 21.

Referring to the apex court’s March 1 and April 4 orders, they also asked whether Prime Minister Shehbaz Sharif and his cabinet are not liable to be dealt with in terms of Article 5 and 6 as they have refused to sanction funds for holding polls in the two provinces on flimsy grounds.

The court on April 4 ordered the ECP to hold elections in Punjab on May 14. However, the parliament on April 14 rejected a money bill that the government had tabled to seek funds for conducting polls in Punjab and the K-P in line with the Supreme Court orders.

The house had adopted another strongly-worded resolution against the judiciary over attempts to “usurp the authority of the parliament to legislate and interfere in its constitutional jurisdiction”.

“Whether suitable actions and steps [should not be taken] to deal with the constitutional impasse occasioned by the failure of the [federal government] to hold the elections within 90 days…

“Whether continuation of the caretaker governments in Punjab and the K-P would be valid and legal?” the petition asked.