ISLAMABAD: A three member bench of the Supreme Court led by Chief Justice of Pakistan Qazi Faez Isa has suspended the order of the Lahore High Court (LHC) against the appointment of bureaucrats as DRO and RO in general elections 2024, resultantly paving way for the elections to take place on February 8.
Furthermore, the SC also ordered the ECP to issue the election schedule the very today (Friday).
A three-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and including Justice Sardar Tariq and Justice Mansoor Ali Shah, addressed the appeal filed by the Election Commission of Pakistan (ECP) challenging the Lahore High Court’s (LHC) decision to halt the training of district returning officers (DROs) and returning officers (ROs).
At the outset of the hearing, CJP Isa clarified that the benches are being formed under the Supreme Court (Practice and Procedure) Bill, 2023. He explained that his intention was to include the most senior judges, proposing Justice Ijazul Ahsan, who couldn’t attend due to prior commitments, and subsequently inviting Justice Mansoor Ali Shah.
CJP Isa inquired from the ECP’s lawyer, Sajeel Swati, about the urgency prompting his appearance at such an hour. Swati responded that their petition regarding the February 8 elections needed immediate attention.
Although CJP Isa was scheduled to leave abroad on that day, he emphasized his constitutional responsibility to fulfill the duty. Swati informed the court that the LHC had suspended the ECP’s notification to appoint ROs and DROs from the bureaucracy, causing a halt in the election process.
When asked to elaborate, Swati explained that PTI’s Umair Niazi had moved the LHC, seeking the appointment of DROs and ROs from the judiciary instead of the executive. The LHC, accepting PTI’s plea, suspended the ECP’s notification. Swati clarified that the ECP prioritized judicial officers, but the judiciary declined.
Swati countered PTI’s allegation of bias by noting that the ECP doesn’t provide the list of officers for polling duties; the government does. He emphasized that PTI’s demand for transparent elections under Article 218 was a priority.
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Justice Shah questioned whether Article 218 implied that transparent polls were impossible. Swati further stated that PTI aimed to end the provision of appointing DROs and ROs from the bureaucracy permanently, also requesting judiciary-appointed returning officers.
The CJP raised concerns about challenging this section now and questioned if the LHC suspended the appointments of ROs in Sindh, KP, and Balochistan. Moving forward, the CJP questioned the PTI lawyer’s intentions and how the high court could pass an order against its own verdict.
CJP Isa reminded that the SC’s order for Feb 8 polls was based on PTI’s plea, the same party causing the current situation. He questioned if Umair Niazi’s petition could halt the entire polling process nationwide and suggested it might be a bid to postpone the polls, considering it in contempt of the SC’s order and a potential attempt to derail democracy.
The CJP, addressing the ECP counsel, affirmed the responsibility for holding elections lies with the ECP and expressed disappointment in the LHC’s order and the judiciary’s refusal to provide staff. He emphasized the SC’s commitment to ensuring the ECP’s task is accomplished rather than doing it for them.
Earlier, the Supreme Court, led by Chief Justice of Pakistan Qazi Faez Isa and consisting of three members, initiated the hearing of a petition filed by the Election Commission of Pakistan (ECP).
The plea challenges the Lahore High Court’s (LHC) decision to suspend the appointment of returning officers (ROs) and district returning officers (DROs) from the bureaucratic sector.
As the upcoming general elections on February 8 approach, the Election Commission of Pakistan (ECP) is reportedly considering the option of challenging the recent rulings from the Lahore and Islamabad High Courts, which are believed to have impacted the electoral proceedings on Friday.
On Wednesday night, Justice Ali Baqir Najafi of the Lahore High Court (LHC) took a decisive step by suspending the ECP’s decision to appoint election personnel, including returning officers (ROs), from the bureaucratic sector. Acting on a plea from the Pakistan Tehreek-e-Insaf (PTI), Justice Najafi not only suspended the ECP’s notification but also referred the case to the LHC chief justice, recommending the formation of a larger bench to handle the matter.
Simultaneously, in a separate development, a bench led by Chief Justice Aamer Farooq of the Islamabad High Court (IHC) declared two constituencies, NA-35 and NA-36, in the Kohat district as void. This decision was made in response to an appeal regarding the electoral watchdog’s notification concerning these constituencies. The high court directed the Election Commission to initiate a fresh notification for the delimitation of the two National Assembly (NA) constituencies.
These rulings from the high courts, initiated through petitions filed by the PTI, appear to have brought the electoral process to a halt. This situation has raised significant concerns among political parties with respect to the general elections scheduled for February 8, 2024.
