CEC tells SC his powers to hold polls being curtailed

ISLAMABAD: Chief Election Commissioner (CEC) Sikandar Sultan Raja Thursday informed the Supreme Court that his constitutional powers to ensure elections were being curtailed.

The CEC appeared before a two-member bench of the apex court during the hearing of a petition filed against the transfer of CCPO Lahore Ghulam Muhammad Dogar.

Justice Ijazul Ahsen headed the three-member bench. The court had summoned the CEC to explain the reasons behind Dogar’s removal.

Justice Ijazul Ahsen told the CEC that the court had stopped the transfer of Ghulam Muhammad Dogar; however, his counsel said Dogar was directed on January 23 to report to the Service and General Administration Punjab.

“Why was the CCPO removed despite orders of the Supreme Court and what was the hurry in issuing the transfer orders,” Justice Ijaz asked the CEC. The counsel for the Punjab government informed the bench that Dogar was transferred on the orders of the Election Commission of Pakistan (ECP).

Justice Ijaz asked the CEC about the role of the Election Commission of Pakistan (ECP) in the transfer of officials. Justice Mazahar Ali Akbar Naqvi observed that the ECP’s role came into effect after the elections had been announced.

Additional advocate general (AAG) informed the court that they had taken approval from the ECP to remove Dogar, as a caretaker setup had been placed. He submitted that under the Constitution, the elections had to be held within 90 days after the caretaker setup took over.

Justice Naqvi observed that half of the officers posted in Punjab had been transferred. “Is there any district left in Punjab where postings and transfers were not made?” asked the judge.

Justice Ijazul Ahsen questioned whether the Election Commission of Pakistan (ECP) knew the orders passed by the apex court on the petitioner’s (Dogar) posting. “The Election Commission is doing everything apart from its job,” Justice Ijaz remarked.

Meanwhile, the court adjourned the hearing for a while after summoning the chief election commissioner in-person. Later, when the court resumed, Sikandar Sultan Raja appeared before the court.

Addressing the CEC, Justice Ahsan said as per the constitutional requirement, the holding of the election was mandatory within 90 days of the dissolution of the provincial assembly. He said the Constitution also stipulated that the Election Commission was required to hold free, fair and transparent elections in the stipulated time and if the electoral body failed to fulfill its constitutional obligation, then it would be a violation of the Constitution. Justice Ijaz further observed that the Constitution was also clear that the interim government was not empowered to remove officers.

“If any transfer is required, then the caretaker government has to provide concrete reasons for doing this,” the judge said, adding that the Election Commission must examine those reasons and then issue an appropriate order. Justice Ijaz said the Election Commission was not required to follow the orders of the province.

Sikandar Sultan Raja, however, submitted that if the court wanted, the commission could restore Dogar as CCPO adding that the commission did not allow appointments and transfers in the entire province under a single policy. “It was important to transfer some commissioners, deputy commissioners, regional police officers and others to ensure free and fair elections,” the chief election commissioner contended.

Justice Ijaz, however, said the court will not issue any such orders, adding that they were bound to follow the Constitution. At the outset of the hearing, the issue of delay in the Punjab and Khyber Pakhtunkhwa elections also came under discussion when the court reminded the CEC of his duty to hold the polls within 90 days.

Sikandar Sultan Raja, however, informed the court about the hurdles being faced by the commission from different institutions.

He submitted that efforts were being made to curtail the powers of the Election Commission of Pakistan (ECP). He told the court that the army had refused to provide security for the polls. He said the judiciary had also denied providing staff for the polling process, while the government was not giving funds. “The ECP’s authority is being curtailed,” the CEC submitted and remarked as to how free and fair elections would be held.

When Justice Ijaz asked the CEC if he had contacted the government in this regard, he submitted that the government had been informed about all the issues faced by the commission.

Meanwhile, the court directed the CEC to submit before it the record of all the transfers, including of Ghulam Muhammad Dogar, besides giving details about the hurdles being made to hinder elections.

The court also directed him to appear in-person again on Friday (today) and adjourned the hearing.