LAHORE: The Lahore High Court on Friday set aside appointments of district returning officers (DROs) and returning officers (ROs) from Punjab alone for the upcoming local government election in the province.

Justice Syed Mansoor Ali Shah passed this order allowing petitions of Pakistan Tehreek-i-Insaf Punjab President Ejaz Chaudhry and others challenging amendment to Section 22 of the Punjab Local Government Act 2013.

Justice Shah observed that Article 220 of the Constitution restricted provinces from meddling in the affairs of the Election Commission of Pakistan (ECP).

Also read: Returning officers appointed for Cantt board LG elections

The petitioners pleaded that the Punjab governor at the behest of the chief minister quietly amended Section 22 of the Punjab Local Government Act 2013 through the 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 the Election Commission.

However, previously the ECP was empowered to make the appointments from any province or the federal government, petitioners said and added the provisions of the impugned ordinance were clearly at odds with Article 220 of the Constitution.

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 the 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 province for the forthcoming LG polls declaring the act a violation of the Constitution.

Justice Shah said the court would examine in its detailed verdict whether provinces had the powers to make a legislation about election affairs.

SHO admonished

The Lahore High Court on Friday admonished the Nishter Town station house officer for not producing 10 suspects detained for their involvement in lynching of two men in Youhanabad in retaliation for suicide attacks on churches.

In compliance with the court order, SHO Ahsanullah appeared before the court and said the men discussed in the petitions were not in police custody.

Justice Mahmood Maqbool Bajwa expressed dissatisfaction over the SHO’s version and summoned the SP Investigation on March 30.

MA Joseph and others filed the petitions alleging that the police took their family members into custody without any evidence and denied access to them. They said the police did not produce the arrested men before any court of law. Petitioners claimed that the arrested men had no link with the lynching incident.

Published in Dawn, March 28th, 2015

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