- PTI filed the petition mainly seeking a judicial review
- They sought restraining order against caretaker govt
- He said law strictly prohibited govt from transferring
LAHORE: The Lahore High Court (LHC) on Tuesday issued notices to the Election Commission of Pakistan (ECP) and the caretaker government of Punjab on a petition of the Pakistan Tehreek-i-Insaf (PTI) challenging the transfers/postings of the public officials functioning in the province.
Former federal minister Hammad Azhar and other leaders of the PTI filed the petition mainly seeking a judicial review of a notification by the chief secretary of Punjab issued on February 4.
They also sought a restraining order against the caretaker government from making transfers/ postings of public officials functioning in the constituency in which by-polls or general elections were going to be held.
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Barrister Sameer Khosa argued the petitioners were the candidates for contesting by-elections of the constituencies falling under the Punjab Assembly and were aggrieved of the government’s notification.
He said the impugned notification was in violation of provisions of the Constitution and the Election Act 2017. He said when the ECP issued the notification pursuant to section 7 of the Election Act on Jan 27, thereafter they issued second notification on Feb 3 by mentioning constituencies of the district where elections were going to be held.
The counsel pointed out that the government immediately issued the impugned notification on Feb 4 by transferring all the officials mostly pertained to the districts where elections were going to be held or the election process was on there.
He said the law strictly prohibited the respondents from transferring any official deputed or appointed with an election/election process without prior approval by the ECP.
Deputy Attorney General Nasir Javed Ghumman objected to the maintainability of the petition and said that all the transfers and postings, mentioned in the impugned notification, had been made to ensure free and fair election.
He pointed out that certain matters relating to various steps taken by the caretaker government were already pending before a larger bench headed by Justice Ali Baqar Najafi.
Justice Jawad Hassan issued notices to the respondents and directed the registrar office to place the petition before the larger bench for further proceedings.
