LHC seeks further arguments on plea against Punjab caretaker cabinet’s extended stay

Lahore High Court's Justice Muhammad Raza Qureshi has fixed May 11 for further arguments on a plea seeking the removal of caretaker Chief Minister Punjab Mohsin Naqvi and his cabinet, declaring their extended stay as illegal.

Petitioner Hassan Latif Chaudhry requested the court to direct the Election Commission of Pakistan (ECP) to initiate a procedure to set up a legitimate government with a fresh mandate until free and fair elections are held as soon as possible, in accordance with the Constitution of Pakistan.

The court was also asked to restrain the caretaker CM Punjab and the Chief Secretary from making any major policy decisions until the disposal of this petition and to prevent them from holding their offices and carrying out their functions.

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As proceedings began, Justice Qureshi noted that the Supreme Court had set May 14 as the election date but did not pass any order against the caretaker government. He questioned whether the assemblies would be restored if the caretaker setup were removed and if any provision in the Constitution allowed the caretaker government's extension.

The petitioner's counsel argued that the caretaker setup's time had lapsed, and since the Supreme Court extended the election date without extending the caretaker setup, the caretaker CM and his cabinet were working illegally.

In his petition, Chaudhry claimed that the caretaker government ceased to exist on April 22, 2023, and any decisions made after this date were invalid and illegal. He argued that the Constitution specifies 90 or 60 days as the election period but does not provide unlimited flexibility or excuse intentional violations of timelines or deadlines.

“According to Article 224 (2) when the National Assembly or a Provincial Assembly is dissolved, a general election to the assembly must be held within ninety days of the dissolution and the results must be declared no later than fourteen days after the polls close,” the petitioner stated.

Chaudhry contended that the current caretaker government has continued to function beyond the 90-day limit set by the Constitution, violating constitutional rights and attacking democracy's foundation. He accused the caretaker government of failing to fulfill its responsibilities and being ineffective in resolving critical issues.

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Moreover, the government's extended stay has raised concerns about it's legitimacy and the intentions of those in power.

The petitioner alleged that the ECP and its Chief Election Commissioner remained silent on the issue despite the provisions of the Elections Act 2017, and no efforts were made to meet the ends of justice.

The petitioner had made to caretaker chief minister, the Punjab provincial government through its chief secretary, the ECP through its chief election Commissioner, and others respondents in the case.

Further hearing will be conducted on May 11, 2023.