Balochistan CM pick raises controversy

Experts call it travesty of law; ECP says anyone resigning before polls can contest election

LAHORE:

A former interior minister of the incumbent caretaker government, becoming a Balochistan chief minister, despite the constitutional bar on him on contesting elections, does away with any doubt that Pakistan is effectively a banana republic, Justice (retd) Wajihuddin Ahmed said.

Other experts even from the PML-N concurred with the view that there was an unambiguous bar in the Constitution of Pakistan on members of the caretaker government from contesting general elections, terming Sarfraz Bugti’s instance as another unfortunate example of mockery of law by the Election Commission of Pakistan (ECP).

An ECP official on the other hand refuted any illegality in this regard stating that his organisation was of the sound view that there was no ban on those members of the caretaker cabinet, neither the PM nor the CM, who had resigned even a minute before the elections.

The newly elected 25th Balochistan CM, Bugti, served as an interior minister from Aug 2023 to Dec 2023 and resigned some seven weeks before the general elections after remaining in the second most powerful office after the PM for over four months.

Even then there were murmurs that Bugti, given his role in tackling Imran Khan’s party, had won the blessings of the powerful quarters, and had been promised a powerful position in Balochistan.

Then some section of the media reported that as the election schedule had not been announced, his resignation would qualify him to contest the elections.

Article 224 subsection 1(B) places an unequivocal ban on members of the caretaker cabinet, PM and CM included and their immediate family members, from contesting the following elections.

This article does not draw any distinction between serving members of the cabinet or otherwise.

Justice (retd) Ahmed said it was unfortunate on the part of the ECP that they allowed Bugti to contest the elections despite him having served as an interior minister.

He said Bugti was part of the caretaker government, and when he resigned was irrelevant. “Even if his stay there was a brief stint, he became a part of the caretaker government and by that definition, he is ineligible to even contest elections let alone becoming a CM.”

He also objected to former Punjab CM Mohsin Naqvi being given a coveted slot on the Pakistan Cricket Board. He said that this was the second time a caretaker Punjab CM was bestowed with this lucrative position.

He, however, clarified that nowhere in the Constitution was there any bar on being given such a position but this was against the spirit of the Constitution.

Incidentally, both the caretaker CMs played a very controversial role during the respective elections.
Former ECP secretary Kanwar Dilshad concurred with the view of the Justice (retd) Ahmed, stating that this was a blatant violation of Article 224 of the Constitution.

He said the ECP had taken a different view on it and the matter would end up in the superior court.

He in fact said that some well-reputed NGO should take up this matter before the SC to right this wrong. He said that if this practice was not nipped in the bud now, it would be the beginning of unfortunate events.

He said that if one was to subscribe to the ECP’s view, then that would mean that even the caretaker PM could contest elections, if he resigned a minute before filing his nomination papers.

Former Punjab CM and senior political analyst Hasan Askari said that in his opinion, “this is illegal and against the will of the Constitution”.

He said the ECP and Bugti in their view might exploit an ambiguity in the law but he said that in his opinion, Bugti, once chose to become part of the caretaker government, lost the right to contest these elections. The ECP having allowed this was no surprise, as here many major illegalities were committed by the caretaker governments and no one took cognisance of it just because of the backing of the establishment.

He also objected to the caretaker Punjab CM being giving a position on the PCB, saying that it was against the spirit of the Constitution and akin to luring him into functioning favourably for one party.

An official of the ECP, however, questioned the view point of the experts, asking that as the Constitution explicitly states that only the caretaker members could not contest elections, how that could be applied to someone who resigned.

He said the ECP was of the view that even if the caretaker PM resigned before the elections, he too was entitled to contest the elections.

He said that if this was such a glaring irregularity, Bugti’s opponent should have taken this up before the ECP and then the court.
Interestingly, a senior PML-N lawyer was approached for his views but on the condition of anonymity he too termed the ECP’s decision to allow Bugti to contest elections a sheer mockery of law, stating that the ECP by taking one bad decision after another lost all its credibility.