SC raises eyebrows over ECP-Punjab governor polls meeting

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SC raises eyebrows over ECP-Punjab governor polls meeting​

CJ Bandial says ECP should hold consultations with governor over provincial elections if LHC order dictates so

Correspondent
February 15, 2023



ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Wednesday observed that the Election Commission of Pakistan (ECP) should consult the governor of Punjab in case the Lahore High Court (LHC) directed it to do so before the announcement of the date of the provincial assembly election in Punjab.

The top court was hearing the appeals of PTI defectors from the Punjab Assembly who were denotified by the ECP for deviating from the party policy by voting in favour of PML-N’s Hamza Shehbaz in the election for the Punjab chief minister last year.

The apex court had ruled that votes cast against party policy “cannot be counted and must be disregarded”.

Nonetheless, the court had expressed interest in some “interesting questions” raised by the de-seated MPAs.

After hearing the arguments today, however, the court disposed of the appeals as they failed to convince the court that the matter deserved to be probed further.

During the proceedings, the upcoming elections in the PA were also mentioned.

CJ Bandial inquired whether the LHC had directed the ECP to hold elections and further asked what the electoral watchdog was up to following the orders.

DG ECP informed the court that the commission had held a meeting with Punjab Governor Balighur Rehman.

"The minutes for the meeting with other governor have not yet been received," the ECP official said but added that there were "chances he will follow legal channels on the matter".

Upon this, the CJ inquired why the ECP was consulting the governor.

"Why have you felt the need to enter consultations for the elections?" inquired Justice Ayesha Malik.

Read More ‘Headway’ in election schedule for Punjab

"Perhaps the high court ordered the ECP to hold discussions with the governor," Justice Athar Minallah said.

The CJP observed that if the LHC had indeed issued such orders then the ECP should continue to hold discussions.

It may be noted that on February 10, LHC Justice Jawad Hassan had ordered the ECP to hold elections in the province within 90 days of the dissolution of the provincial assembly on a petition filed by the PTI. The Punjab Assembly was dissolved last month.

Meanwhile, the meeting held yesterday between the ECP and the governor had remained inconclusive as the participants could not agree on a date for the general elections in Punjab.

However, it was decided that the governor would approach the LHC for interpretation of its February 10 decision.

SC raises eyebrows over ECP-Punjab governor polls meeting | The Express Tribune

CJ Bandial says ECP should hold consultations with governor over provincial elections if LHC order dictates so

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SC asks CEC to submit report on obstacles to holding Punjab elections​

Haseeb Bhatti
February 16, 2023

The Supreme Court on Thursday sought a detailed report from Chief Election Commissioner (CEC) Sikander Sultan Raja regarding the obstacles in the way of the Punjab elections, as it heard a petition against the transfer of Ghulam Mahmood Dogar as the Lahore capital city police officer (CCPO).

A two-member bench consisting of Justice Ijazul Ahsan and Justice Mazahar Ali Akbar Naqvi presided over the hearing today while the Punjab advocate general represented the Punjab government.

During the hearing, Raja told the court that he was being “prevented” from exercising his powers and constitutional requirements, as he lamented he was refused security, returning officers and funding for the elections from the army, the judiciary and the executive respectively.

Today’s hearing​

The hearing began with Justice Ahsan asking about why Dogar was transferred despite apex court orders to the contrary.

Dogar as the Lahore CCPO was at the centre of a tussle between the federal government and the then Punjab government under Chaudhry Parvez Elahi. Dogar booked PML-N leaders in cases and headed the Wazirabad JIT which was probing the attempted assassination of Imran Khan. The Centre tried recalling him, which was blocked by the Punjab government. It ultimately suspended Dogar, but he was reinstated by the top court.

“There were Supreme Court orders, so why was the CCPO still transferred,” Justice Ahsan asked the Punjab advocate general today. “What was the rush to transfer Ghulam Mahmood Dogar?”

“With the election commission’s permission, Dogar was transferred for the second time,” the Punjab government’s lawyer responded.

Justice Ahsan then asked: “What is the role of the election commission in the change of officers?” Justice Naqvi followed up by observing that the election commission’s role came after the announcement of the elections.

“Due to the caretaker setup in Punjab, permission was taken from the election commissioner,” the additional advocate general (AAG) said.

“According to the Constitution, elections are to be held within 90 days after the caretaker setup,” he added.

“Then tell me where the election is,” Justice Ahsan asked.

“Half of Punjab was transferred,” Justice Naqvi remarked. “Is there any district in Punjab where a transfer has not occurred?”

Justice Ahsan then asked: “Was the election commission not aware of the orders of the Supreme Court?” “The election commission is doing everything except its own job,” he remarked.

The court then summoned CEC Raja “immediately”, pausing the hearing for an hour.