On Wednesday, the Pakistan Tehreek-i-Insaf (PTI) took its concerns to the Lahore High Court, contesting the appointment of bureaucrats by the caretaker provincial government in Punjab as returning officers (ROs) for the upcoming general elections.
Barrister Umair Khan Niazi, additional secretary general of the PTI, filed a writ petition seeking the annulment of sections 50(1)(b) and 51(1) of the Elections Act 2017.
According to the petition, drafted by Advocate Abuzar Salman Niazi, the caretaker government in the province, led by Chief Minister Mohsin Naqvi, allegedly exerted influence over the bureaucracy against the PTI, infringing on the party’s constitutional rights. The petition asserts that the PTI is being deprived of its basic rights to operate as a political party, while its rivals receive support in violation of the caretaker government’s mandate.
The petition alleges frequent transfers and postings within the bureaucracy by the caretaker government, violating the Elections Act. It contends that the Election Commission of Pakistan (ECP) is in the process of appointing election officials, including district returning officers (DROs), presiding officers, and polling officers, responsible for election conduct.
The petition argues that appointing ROs and other election staff from government officers undermines the purpose of establishing an independent election commission. It requests the court to declare the appointment of government officers as ROs and DROs unconstitutional.
The petition also urges the court to declare that caretaker governments in all provinces have unduly influenced their officers, preventing impartial treatment of the PTI. It claims that sections 50(1)(b) and 51(1) of the Election Act violate the Constitution by limiting the appointment of executive officers as ROs and DROs from a government-provided list. The provision also allows the appointment of ROs and DROs from the subordinate judiciary in consultation with the chief justice of the relevant high court.
Finally, the petition calls on the court to instruct the ECP to initiate consultations with the chief justice of the Lahore High Court for the appointment of judicial officers as returning officers for the general elections scheduled for February 8.
