LHC halts bureaucrat deployment for polls

Suspends ECP notification to appoint DROs, ROs from Punjab bureaucracy

LAHORE:

The Lahore High Court on Wednesday suspended the Election Commission of Pakistan's (ECP) notification to hold general elections in Punjab through the executive.

While announcing a reserved judgment, LHC’s Justice Ali Baqar Najafi decided in favour of a petition filed by the PTI against the appointment of district returning officers (DROs) and returning officers (ROs) from the bureaucracy of Punjab for the general polls.

The judge recommended the formation of a larger bench on the petition against holding the elections in Punjab by the executive and sent the file to the LHC chief justice.

In its five-page interim order, the LHC noted that the poor people had spent billions of rupees on conducting the elections.

It added that if the major political parties did not accept the election results, the nation’s money would be wasted.

It pointed out that it was the ECP’s duty to conduct free and fair elections.

The order read that to make transparent elections a reality, candidates and voters should be given equal opportunities.

It observed that in the current situation, the desired results could not be obtained from the general elections and that might weaken the future of democracy.

It read that the petition had identified a national issue and the file was being sent to the LHC CJ for the formation of a larger bench on the matter.

The order concluded that it had been decided to suspend the ECP’s notification for acquiring the services from the bureaucracy for the next general elections.

A day earlier, the petitioner, Additional PTI Secretary General Umair Khan Niazi, told the court that the ECP had announced that the general elections would be held on February 8, 2024.

He added that commission had contacted the government for returning officers.

Niazi contended that it was not possible to expect neutral and transparent elections from the caretaker Punjab government.
The petitioner requested the court to declare the relevant sections 50(1)(b) and 51 (1) of Elections Act 2017 as illegal and unconstitutional under which the DROs and ROs were appointed.

It was further prayed to the court to restrain the ECP, during the pendency of this plea, from appointing these officers from the executive authorities of the government.

The petitioner’s counsel implored the court that although the announcement of the elections had resuscitated the hope of survival of democracy and democratic values in Pakistan, it was difficult to gloss over the fact that the general elections 2024 would be held beyond the constitutionally mandated period.

Read ECP seeks reply from PTI on intra-party polls

It was further stated the national mood, regarding the much-anticipated elections, was of scepticism and refraining from jubilation.

It was also maintained that these elections would be held amid the “worst crackdown in the country’s history” on the civil liberties and constitutional protections of the citizens of Pakistan.

Barrister Niazi implored the court that the PTI had been a victim of discrimination as well as deliberated schemes of the caretaker governments in both the federal and province to suppress the democratic and nationalist spirit of the party and its supporters.

During the hearing, the lawyer representing the ECP requested to declare the PTI petition as inadmissible.
He added that the commission had written letters to the judiciary but because of the large number of cases the courts were hearing, it refused to provide them with judicial officers for their appointment as DROs and ROs.

The lawyer continued that it was the ECP’s responsibility to conduct free and transparent elections.

After hearing the arguments, the court reserved its decision on the petition.

Separately, the ECP has imposed a nationwide ban on the transfer and posting of deputy commissioners, additional deputy commissioners and others assigned to supervise the upcoming general elections.

In a letter addressed to the establishment secretary and the four chief secretaries, the ECP emphasised the strict enforcement of the ban, citing the pivotal roles assigned to the DCs and the ADCs in the next general polls.

“I am directed to state that the commission has appointed DROs, ROs and AROs [assistant returning officers] on 11th December 2023 for the conduct of general elections 2024. To this end, [the] commission has imposed [a] complete ban on the posting/transfer and leaves of DROs, ROs, AROs, data entry operators [DEOs] and EMS operators engaged in [the] election process forthwith and till the culmination of election process,” read the letter.
(With input from APP)