Supreme Court restrains Punjab govt from launching uplift schemes, financial allocations

ISLAMABAD: The Supreme Court on Saturday restrained the Punjab government from undertaking transfers and postings of officials of the local administration, police and Provincial Election Commission ahead of the by-election being held on July 17 in 20 constituencies of the province.

A three-member bench of the apex court, headed by Chief Justice Umer Ata Bandial, issued a written and detailed order regarding re-election of chief minister Punjab to be held on July 22.

The court, the other day, while disposing of the petition of Pakistan Tehreek-e-Insaf challenging the order of Lahore High Court (LHC), had held that re-election of the slot of Punjab chief minister will be held on July 22.

The court had given its direction after all the parties, including Punjab Chief Minister Hamza Shehbaz, Speaker Punjab Assembly Chaudhry Pervez Elahi and Pakistan Tehreek-e-Insaf consented on July 22. The court had held that the written order of the matter will be issued later on. On Saturday, the detailed order written by Justice Ijazul Ahsen was issued.

“No transfers or postings of officials of the local administration, police, Provincial Election Commission, etc shall be undertaken in order to ensure fairness and transparency of the election except in accordance with specific provisions of the Election Act, 2017 and the code of conduct to meet emergency situations,” says the written order.

The court directed that no fresh development schemes and/or financial allocations shall be made in the constituencies where the by-election is to be held till finalisation of the by-election.

In the event of violation of the provisions of the Election Act, relevant rules framed thereunder or the code of conduct, the ECP shall take appropriate action in accordance with law, the written order said. The court held that based on the unqualified consent of all parties before it and the assurances obtained by the court from Hamza Shehbaz Sharif, the following order is passed which would amend and modify and to that extent override the impugned order of the Lahore High Court dated 30.06.2022:

"The second poll for election of the chief minister, Punjab in terms of the proviso to Article 130(4) of the Constitution shall be held on Friday, 22.07.2022 at 4:00 pm in the Punjab Assembly Building as suggested by Mr. Ellahi, the Speaker, Punjab Assembly and consented to by Mr. Sharif as well as Babar Awan, learned ASC representing the Leader of the Opposition in the Punjab Provincial Assembly.

"The session in which such poll takes place will be chaired by the Deputy Speaker of the Assembly," says the written order adding that the Speaker/Deputy Speaker shall issue a formal notification convening the session in this regard after fulfilling all legal and procedural formalities within one week from today.

"Till such time that the poll as directed above is held in accordance with the Constitution, the court held that Mr. Sharif has undertaken before the Court that he and his Cabinet shall exercise the powers and function their offices strictly in fiduciary capacity as envisaged by the Constitution and the law to support the process of by-election in the Province to be conducted in a free, fair and transparent manner by the Election Commission of Pakistan. “That such commitment to act as trustees is meant to fulfil the duty of care towards citizens of Punjab so that they are not deprived of due representation and governance, and to avoid any constitutional vacuum, anomaly or complication," says the written order.

The court, however, held that such entrustment shall continue only till 22.07.2022 when a second poll takes place in terms of Article 130(4) of the Constitution.

The court held that the Lahore High Court shall issue its detailed reasons for the order dated 27.05.2022 passed in W.P.No.34654 of 2022 in this regard within one week from today, which shall be implemented by ECP forthwith by issuing the notification of the names of the candidates against reserved seats in accordance with the directions issued by the Lahore High Court.

If any person is aggrieved of any such notification, he/she shall have the right to agitate such grievance before the appropriate forum in accordance with law, says the written order.

The court noted that by-election (due to be held on 17.07.2022) against the seats which had become vacant on account of defection of members of PTI shall be held in a free, fair and transparent manner adding that the process shall be completed as per the schedule already announced by the ECP.

"The final result(s) and notification(s) shall also be issued accordingly”, the court held adding that any and all disputes arising out of or relating to such by-election shall be dealt with by the relevant fora, in accordance with law.

The court directed that the "Election Commission of Pakistan as well as all relevant State functionaries including members of the Parliament and the Provincial Assemblies, Ministers, Advisers, etc, shall ensure that all parties follow the election laws as well as the code of conduct issued by the ECP in their letter and spirit and refrain from any interference, inducement or influence in the affairs of the executive, the local administration, the ECP, etc or indulge in corrupt and illegal practices, the use of State machinery in the process of by-elections, harassment, intimidation or use of law enforcement agencies against opponents/ candidates or their supporters, etc except to restore law and order."

The court recalled that the speaker Punjab Assembly has given a categorical assurance that all matters relating to the business of the Assembly shall be handled and dealt with peacefully, impartially and transparently within the assembly chambers and its relevant offices in accordance with the Constitution, the law and the rules.

“In addition, all parties including Mr. Sharif have categorically assured and stated that a peaceful and congenial atmosphere will be maintained not only during the poll but also in the proceedings in the Provincial Assembly held thereafter until announcement of the result," says the written order.

"We expect that such undertakings and assurances shall be honoured and implemented”, the order further reads.

The court further noted that "it is unreservedly and categorically agreed and undertaken by all parties before us that it is the constitutional, legal and moral responsibility of all political parties and their members/candidates involved in by-elections and the subsequent voting in the Provincial Assembly to abide by the ECP Code of Conduct and the Rules of Procedure of the Provincial Assembly and the norms/conventions of the parliamentary conduct."

"Before parting with this order, we wish to record our appreciation regarding the positive and constructive attitude adopted and the role played not only by the top leadership of three political parties involved in the dispute but also by the respective learned counsel," says the written order.

"This petition is accordingly disposed of and the impugned order of the Lahore High Court, Lahore dated 30.06.2022 is modified and amended in the aforenoted terms," the written order concluded.