In response to a plea by the Pakistan Tehreek-e-Insaf (PTI), the Lahore High Court (LHC) has directed authorities to submit their responses by December 12 regarding the challenge to the appointment procedure of Punjab’s bureaucrats for election duty. PTI’s additional secretary general, Umair Khan Niazi, urged the court to declare sections 50(1)(b) and 51(1) of the Elections Act 2017 as illegal and unconstitutional, raising concerns about the fairness of the upcoming general elections.
During today’s proceedings, Niazi’s counsel specified that the focus of the case is on the appointments of officials in Punjab, arguing that these appointments are unconstitutional. He emphasized the increased empowerment of officials, citing over 100 detention orders issued against PTI leaders and workers in the last six months.
In response to Justice Ali Baqar Najafi’s inquiry about the unconstitutional aspect, the counsel highlighted the misuse of power through frequent detentions and arrests without fresh FIRs. The petitioner requested the court to instruct the Election Commission of Pakistan (ECP) to consult with the LHC’s chief justice for appointing judicial officers as district returning officers and returning officers for the 2024 general elections. The plea aims to prevent the ECP from appointing these officers from executive authorities of the government during the plea’s pendency.
The petitioner argued that the PTI has faced discrimination by caretaker governments, disrupting the bureaucratic system through excessive transfer postings, contrary to the Elections Act 2017. He contended that appointing executive officials as DROs and ROs infringes on the ECP’s independent role, violating the constitutional mandate for free and fair elections. Additionally, the petitioner challenged Section 50(1)(b) of the Elections Act 2017, asserting that it restricts the ECP’s selection pool and grants the government undue influence in appointments.
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