Caretakers’ transfer, posting powers: PTI challenges ECP notification in LHC

LAHORE: The Pakistan Tehreek-i-Insaf (PTI) has filed a petition before the Lahore High Court challenging a notification of the Election Commission of Pakistan (ECP) giving “blanket” powers to the caretaker government of Punjab to make transfers and postings of the officers in the province.

The petition filed through PTI senior vice president Fawad Chaudhry states that large-scale transfers/postings by the caretaker government are being mechanically approved by the ECP, without checking them on the touchstone of the provisions of section 230 of the Election Act 2017.

In several cases, it alleges, the transfer orders have been issued by the caretaker government, without even bothering to obtain prior approval from the ECP. The illegal exercise is going on, despite the fact that in several cases, the high court has suspended such unwarranted transfer orders, it adds.

It argues that the petitioner was taken aback, when through media reports, it was revealed that the ECP granted an unprecedented blanket permission to the caretaker government for the transfer and posting of the officers, in total oblivion to the provisions of the Election Act.

The petition pleads that seeking prior approval of the ECP by the caretaker government for each transfer and posting is mandatory under section 230(1)(f) of the Elections Act 2017, which provision cannot be dispensed with under the law.

It contends that without stopping the frequent transfers and removing the controversial officers from the pivotal executive posts in the province, the conduct of fair, free and transparent elections would not be possible.

The petition asks the court to set aside the impugned notification of the ECP issued on March 10 whereby it granted blanket permission to the caretaker government to transfer, post and appoint officers in the province without seeking prior approval from the commission.

It further urges the court that the ECP be restrained from mechanically granting approval to the unwarranted large-scale requests of transfers and postings submitted by the caretaker government unless each case of transfer is examined by the ECP under the criteria laid down in section 230 of the Elections Act, 2017.

Published in Dawn, April 9th, 2023