Sheikh Rashid moves SC against ECP over Punjab polls delay

ISLAMABAD: Awami Muslim League (AML) Chairman Sheikh Rashid Ahmed on Thursday requested Chief Justice of Pakistan Justice Umer Ata Bandial to take suo moto notice of the notification issued by the Election Commission of Pakistan, postponing the election in Punjab until October 10, violating the order passed by the apex court on March 1, 2023.

Sheikh Rashid Ahmed filed an application at the apex through Advocate Azhar Siddique, requesting the chief justice to take suo moto action given Article 184(3) of the Constitution for the enforcement of fundamental rights.

He prayed the apex court to restore the election schedule and directions may kindly be given to the quarters concerned, especially the Election Commission of Pakistan, to conduct the elections on the poll date which had previously been announced in compliance with the Supreme Court’s judgment passed in the suo motu case No. 1 of 2023 and Const. Petition No. 1 of 2023 and Const. Petition No. 2 of 2023; in compliance with Article 218(3) read with Article 220 of the Constitution and judgments of the Supreme Court

He further prayed to the apex court to direct the election commission to conduct the election in the KP within 90 days fairly and transparently, of course, in compliance with the Supreme Court’s judgment passed in the suo motu case no 1 of 2023 and Const. Petition No. 1 of 2023 and Const. Petition No. 2 of 2023.

Similarly, he also prayed to the chief justice to remove the caretaker setup and appoint an independent, neutral, and impartial caretaker setup in Punjab in compliance with Article 218(3) of the Constitution and in the interest of the public, justice, equity, and fair play, since the caretaker setup was not appointed transparently and has been indulged in favoring certain political parties, and as such, it is not maintaining the status of an independent, neutral, and impartial setup.

Sheikh Rashid Ahmed submitted that given the judgment passed by the Supreme Court of Pakistan, the ECP was bound to conduct the elections within 90 days under Section 57 (1) of the Elections Act, 2017. However, the aforementioned order, dated March 22, 2023, has been passed by the ECP due to which the election has been postponed until October 8, 2023, which is an express violation of the Supreme Court’s orders.

He further submitted that given the aforementioned judgment passed by the Supreme Court read with the judgment passed by the high court, the ECP was under obligation to immediately hold the elections within 90 days; however, the ECP has failed to adhere to the aforementioned judgments and through the aforementioned order passed by the ECP has postponed the election in dire violation of Articles 4, 5, 218(3), and 220 of the Constitution, as well as the oath that had been taken by the chief election commissioner as it is the constitutional mandate of his respective offices to set a date for the election and work towards conducting a fair and transparent election.

He contended that since the ECP has already undertaken before the Supreme Court that it cannot announce a poll date, which is a part of the record before the said court, how is it possible that the ECP has now announced a new date for a poll? Moreover, after a perusal of Sections 8(c) and 58 of the Election Act, 2017, it is quite clear that the ECP does not have the authority to change the poll date of the elections.

It can change the deadline for submitting nomination papers, for example, but changing the election poll date is a clear violation of the ECP’s constitutional mandate, according to Sheikh Rashid.

In this regard, he submitted that various judgments of the Superior Court in which the role of the election commission has been detailed and in the case referred to as PLD 2012 SC 681 do not authorise or delegate authority and jurisdiction to the Election Commission of Pakistan to withdraw the election schedule or to give a new poll date.

He submitted that the so-called puppet caretaker government, which has been set up by the ECP, is currently making countless transfers and postings, issuing orders under Section 144 of the Criminal Procedure Code, 1898, making permanent changes to the government, and registering countless criminal cases, which clearly show the malfeasance of the ECP as well as the caretaker setup.

“Furthermore, the caretaker government can only be in place for 90 days; how can the caretaker setup be given the reigns of the province until October 8, 2023?” the AML Chief submitted.

He further submitted that the caretaker setups arbitrarily and craftily deployed in the provinces of Punjab and KP, respectively, are not working by law, adding that the aforesaid caretaker government is transgressing in all broad daylight from its limited scope and prescribed constitutional mandate.

“Especially, the puppet, cold-blooded, and tyrannical caretaker government of Punjab has been blatantly pursuing a toxic and devastating agenda under evil designs and mala fide adopted to illegally and unnecessarily engage and demean the political leadership of Pakistan Tehreek Insaaf with a motive to completely devastate the lawful and fully constitutional political movement and activities peacefully run by the PTI in the province,” Sheikh Rashid submitted.

He alleged that the caretaker government of Punjab is actively and openly working behind the scenes to make appointments or transfers of favorite officers, remotely engineer the registration of FIRs against the PTI leadership and the consequent proceedings for the search and arrest of the same, and impose Section 144 of the Criminal Procedure Code, 1898, etc., in sheer violation of the constitutional provisions.

“It is obvious that the caretaker government of Punjab is adamantly pursuing its agenda and ill-will to derail the election process in the province solely to give benefit and advantage to the ruling coalition, i.e., the Pakistan Democratic Movement (PDM), especially the PMLN,” he added.

Given the above facts, it is requested that suo moto proceedings be initiated under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, for the enforcement of fundamental rights on behalf of the citizens of Punjab in a matter of public importance, he concluded.