LHC sets aside ROs, DROs appointment for LG polls

LAHORE
THE Lahore High Court Friday set aside appointments of District Retuning Officers (DROs) and Returning Officers (ROs) from Punjab alone for the upcoming local government elections in the province.
Allowing petitions of Pakistan Tehreek-i-Insaf Punjab-chapter president Ijaz Chaudhry and others, Justice Syed Mansoor Ali Shah observed that Article 220 of the Constitution restricted the provinces from interfering in the affairs of Election Commission of Pakistan (ECP).
The petitioners pleaded that Punjab Governor at the behest of chief minister quietly amended section 22 of Punjab Local Government Act 2013 through Punjab Local Government (Amendment) Ordinance whereby the ECP was empowered to appoint ROs and DROs.
They said the amendment had restricted the ECP from appointing ROs and DROs for the LG polls other than the officers functioning under the Punjab government and election commission. However, previously the ECP was empowered to make the appointments from any province or federal government, petitioners said and added that the provisions of the impugned ordinance were clearly at odds with Article 220 of the Constitution.
They submitted that ordinance had prevented the use of government officers of other provinces and the federation, including members of the judiciary to perform election duties if and when their services are required by the election commission for holding free, fair and transparent elections. They said the ordinance was clearly against the provisions of Article 218(3) of the Constitution that matter of the Election Commission of Pakistan to conduct, organise and take such steps as are necessary to ensure that elections are held fairly.
The petitioners sought directions for ECP to strictly follow in letter and spirit the provisions of Article 220 and completely disregard an illegal and unconstitutional act of Punjab governor. Advocate General Naveed Rasool Mirza submitted amended law before the court and said the ECP could appoint officers from federal and any provincial government as ROs and DROs.
However, petitioners’ counsel argued that legislation about election affairs was the subject of the parliament, not the provinces. The judge, however, set aside the appointment of ROs and DROs exclusively from Punjab for the forthcoming LG polls declaring the act a violation of the Constitution.
Justice Shah said the court would examine in detailed verdict whether provinces had the powers to introduce legislation about election affairs.