—– Apex Court bench bars High Court from proceeding further on petition challenging appointment of ROs, DROs
LAHORE: The Supreme Court on Friday suspended a Lahore High Court (LHC) order against the appointment of election officers from the bureaucracy of Punjab, directing the Election Commission of Pakistan (ECP) to issue the schedule of the general elections before midnight.
The ECP earlier today challenged the LHC verdict, a move aimed at preventing a potential delay in the upcoming general elections scheduled for February 8.
Yesterday, LHC Justice Ali Baqar Najafi ruled in favour of a petition filed by the Pakistan Tehreek-e-Insaf (PTI) challenging the appointment of district returning officers (DROs), ROs, and assistant returning officers (AROs) from the Punjab bureaucracy for the polls. The PTI’s plea also sought the court’s assistance in appointing judicial officers as ROs.
Following the decision, Caretaker Federal Information and Broadcasting Minister Murtaza Solangi suggested a possible delay in the general elections. This was attributed to the 54-day mandatory campaign period for the February 8, 2024 polls, which commenced on December 16. However, the three-day training of the officers responsible for overseeing electoral activities was halted due to the LHC order. The Secretary of the ECP approached the Supreme Court today to challenge the LHC ruling A three-judge bench, led by CJP Qazi Faez Isa, was subsequently constituted and heared the petition filed by electoral body at court number one of the apex court.
Journalists from local and international media attended the apex court proceeding.
The top court, in its order, termed the LHC’s order as “irresponsible” which was delivered in haste. It directed the high court not to proceed further on the petition of Umair Niazi.
The court also asked the ECP to issue its schedule on general elections before midnight. To which the ECP Secretary assured the court that the schedule will be issued on time.
He stated that the training of ROs and DROs will restart from Monday.
The court order termed the LHC’s decision in contradiction with the SC’s earlier decision over the general election. “Conducting elections is a constitutional requirement,” it read.
This development followed a meeting between Chief Election Commissioner (CEC) Sikandar Sultan Raja and Chief Justice of Pakistan (CJP) Qazi Faez Isa. The meeting, also attended by Justice Sardar Tariq, Justice Ijazul Ahsan, and the Attorney General for Pakistan, discussed the situation following the LHC verdict.
Meanwhile, major political parties, including the Pakistan Peoples Party (PPP), Istehkam-e-Pakistan Party (IPP), Pakistan Muslim League-Nawaz (PML-N), and Pakistan Muslim League-Quaid (PML-Q), expressed a desire to become parties in the case at the Lahore High Court.
As the hearing began, the CJP said he hoped that the elections will take place on February 8, 2024. In response, the ECP’s counsel, Shakeel Swati, stated that they are making every effort to ensure this happens.
The chief justice, addressing the ECP’s lawyer, said, “I missed my flight. How are you going to compensate this? Nevertheless, we’re hearing the case in this court.”
Justice Mansoor Ali Shah asked who approached the LHC. To which ECP’s lawyer explained that the Pakistan Tehreek-e-Insaf had filed the petition.
“Does the PTI not want elections to happen in the country,” the CJP asked.
The ECP’s lawyer stated that PTI’s Additional Secretary General Umair Niazi had approached the LHC and challenged Sections 50 and 51 of the Election Act.
“We will issue a contempt of court notice to Umair Niazi,” the CJP remarked. “We made our decision [on election] based on the petition of the same PTI.”
He said that Umair Niazi has de-railed democracy in Pakistan. “Check whether Umair Niazi is a lawyer or not. It seems the intention was never to let elections happen in the country.”
The CJP grilled the ECP for not issuing the schedule of the polls yet, saying why the training for ROs and DROs was halted. –Agencies
