Caretaker set-up challenged in LHC

A writ petition filed in the Lahore High Court has sought the removal of Caretaker Punjab Chief Minister Mohsin Naqvi. The petitioner sought directions to the Election Commission of Pakistan (ECP) to initiate a procedure to put in place a legitimate government set-up till the holding of free and fair elections as soon as possible in accordance with the Constitution.

The petition filed by Hassan Latif Chaudhry requested the court to restrain the caretaker Chief Minister Mohsin Naqvi and chief secretary from taking any major policy decisions till its disposal. The petitioner contended that the caretaker CM had taken oath on January 23 followed by his cabinet and the caretaker government had ceased to exist on April 22, after which any administrative or functional decisions made by it would be invalid and illegal.

He stated that the caretaker government was appointed to oversee the administration in the run up to general elections with the mandate to ensure free and fair polls and maintain law and order during the electoral process. He submitted that if the elections were not held within the time frame specified by the Constitution, the mandate of the caretaker government should typically end.

According to Article 224(I) of the Constitution of Pakistan, general elections to the national or provincial assembly must be held within 60 days of the expiry of its term, while Article 224(2) stipulates that when the National Assembly or a provincial assembly is dissolved, general elections must be held within 90 days and the results must be declared no later than 14 days after the polls close. The petitioner contended that the caretaker government had continued to function beyond this time limit, which was a violation of the constitutional rights and an attack on the foundations of democracy..