‘CM’s word is not law’

LAHORE:

The Lahore High Court this week ruled against party-less local government elections.

On November 7, the court declared Section 18 of the Punjab Local Bodies Act 2013, which provided for party-less local government elections “void and ultra vires of the Constitution.”

However, the bench ruled in favour of the provincial government in petitions challenging delimitations through district administrations.

The court said the government was competent and could proceed with the delimitation process. The bench dismissed petitions by the Pakistan Peoples Party (PPP), the Pakistan Tehreek-i-Insaf (PTI), the Pakistan Muslim League-Quaid (PML-Q) and the Majlis Wahdat-i -Muslimeen in this regard.

Suspension

Chief Minister’s Secretary Tauqir Shah appeared in person before a bench on a notice regarding the suspension of former health director general, Tanvir Hussain. The court directed the secretary to decide on Hussain’s case after giving him a personal hearing. Earlier, the secretary informed the court that Hussain had been suspended from service for failing to control the measles epidemic. He said Hussain had been the director of the immunization programme and had failed to discharge his duties effectively. The judge told the secretary that no government official could be suspended without being allowed a hearing. “The chief minister’s word is not law,” the judge said.

Conflict and transparency

Justice (r) Kazim Ali Malik, serving on an election tribunal, last week threatened to resign after PTI candidate Hamid Khan’s counsel questioned his impartiality,

Khan had filed a petition against the electoral success of PML-N’s Khawaja Saad Rafique from NA 125, Lahore.

Advocate Latif Hanjra and Mian Hussain said they had “no confidence” in the judge. They said he supported Shahbaz Sharif and Khawaja Saad Rafique and had earlier been appointed the anti-corruption director general by the PML-N government. Justice Malik refused to hear the case and referred it to the Election Commission of Pakistan. As he was exiting the room, he also threatened to resign.The judge has not resigned so far, but as the ECP to provide him more security. Seperately, the Lahore High Court stopped Pakistan Medical and Dental Council Vice President Dr Asim Hussain from leading a disciplinary committee hearing a case against Young Doctors Association President Amir Bandesha.Bendesha told the court that he believed Hussain would not conduct a transparent inquiry.

Drinking water

Last week, the court directed the Water and Sanitation Agency (WASA) to take samples of drinking water from all parts of the city and have them tested by the Pakistan Council for Scientific and Industrial Research (PCSIR) by December 19. The court was hearing a petition questioning the management of city’s sewerage system and supply of unsafe drinking water.

A WASA official told the court that complaints of the citizens about unsafe drinking water and the sewerage system were being addressed.

He said old sewerage lines were being replaced in light of the complaints.

Sacked wardens

The LHC issued a show cause notice to an investigation officer of the Anti-Corruption Establishment (ACE) for not producing the record of at least 70 sacked traffic wardens.

The wardens’ counsel argued that the chief traffic officer (CTO) had terminated their clients form service. They said the proceedings of the ACE against them were also unlawful. They said their educational certificates were also found genuine at the time of recruitment. They requested the court to suspend orders of their termination and restore their services.

Contempt

The LHC dropped a contempt notice against the general manager and deputy inspector general of Pakistan Railways after it received an unconditional apology. The court had issued contempt notices to the officers for getting an official residence vacated in violation of a stay order by the court.

Published in The Express Tribune, November 11^th,2013.