ISLAMABAD: Chief Election Commissioner (CEC) Sikandar Sultan Raja told the Supreme Court on Thursday that efforts are being made to curtail the powers of the Election Commission of Pakistan (ECP).
The ECP chief made this statement when he appeared before the Supreme Court in a case related to the transfer of former Lahore Capital City Police Officer (CCPO) Ghulam Mehmood Dogar.
He was summoned by the Supreme Court to explain the reasons for Dogar’s dismissal.
During today’s hearing, Justice Ejaz-ul-Ahsan inquired why the CCPO was removed despite the order of the Supreme Court and what was the hurry in issuing the transfer orders?
The counsel for the Punjab government told the bench that Dogar was transferred on the orders of the Election Commission of Pakistan (ECP).
On this, Justice Ahsan inquired that what is the role of the Election Commission in the transfer of officers? While Justice Mazahar Ali Akbar Naqvi remarked that the role of the Election Commission comes into force after the announcement of the elections.
The Additional Advocate General told the court that he had taken approval from the ECP for Dogar’s removal as a caretaker setup had been put in place.
The lawyer said that according to the constitution, the elections have to be held within 90 days of the caretaker setup.
On this, Justice Ahsan inquired where the ECP is, while Justice Naqvi remarked that half of the officers posted in Punjab have been transferred.
Justice Naqvi inquired whether there is any district in Punjab where transfer has not taken place.
Meanwhile, Justice Ahsan inquired whether the ECP is aware of the orders of the Supreme Court regarding the appointment of Dogar.
Justice Ahsan remarked that the Election Commission is doing everything but its work.
After issuing the summons, the bench adjourned the hearing for an hour.
CEC Raja appeared before the bench when the hearing resumed.
Justice Ahsan told the ECP chief that the constitution clearly mandates that elections should be held within 90 days. He further said that it is the job of the ECP to conduct the elections and if the elections are not held within the stipulated time, it will be a violation of the constitution.
Justice Ahsan said that there is no ambiguity in the constitution about holding elections in 90 days. He further said that it is clear in the constitution that the interim government does not have the power to remove officers.
The learned judge also remarked that if a transfer is required, the caretaker government needs to provide concrete reasons. He further said that the ECP should examine these reasons and then issue an appropriate order.
Justice Ahsan said that the Election Commission should not follow the orders of the province.
On this, the ECP chief told the bench that the court can reinstate Dogar as CCPO if it wants.
The CEC said that the ECP did not allow appointments and transfers across the province as a matter of policy. He added that it was necessary to transfer some commissioners, deputy commissioners, regional police officers and others to “ensure free and fair elections”.
“If the court orders, we will not allow the conversion,” Raja said.
On which Justice Ahsan remarked that the court will not issue any such order, they are bound to follow the constitution.
CEC informed the Supreme Court about the electoral hurdles.
The issue of delay in Punjab and Khyber Pakhtunkhwa was also discussed during the hearing when the court reminded the ECP chief of his responsibility to hold elections within 90 days.
On this, Sikandar Sultan Raja informed the court about the obstacles faced by the commission from various institutions.
Raja said that efforts are being made to curtail the powers of the ECP. He added that the army refused to provide security during the elections on request and the judiciary refused to provide staff while the government was not providing funds.
ECP authority is being phased out. How can free and fair elections be held? CEC asked.
On this, Justice Ahsan inquired whether the Election Commission has contacted the government.
The CEC replied that they have apprised the government of all the issues facing the commission.
After this, the court sought the records of all transactions including dowry approved by the ECP in Punjab. He also asked the CEC to appear again tomorrow (Friday).
On his summons, the Attorney General asked the bench that if it was not necessary, the CEC could skip tomorrow’s hearing.
The Election Commissioner said that if the court allows, the secretary or any senior officer can appear in my place.
Justice Ahsan remarked that you are the head of the institution, appear in person, we will listen to you and directed to provide all the details tomorrow.
The bench also directed him to inform the court about the obstacles in the way of the election.
