LAHORE: The Lahore High Court on Tuesday issued notices to the Election Commission of Pakistan (ECP) and the caretaker government of Punjab on a petition of the Pakistan Tehreek-i-Insaf (PTI), challenging the transfers and postings of the public officials in the province.

Former federal minister Hammad Azhar and other leaders of the PTI filed the petition, mainly seeking a judicial review of a notification issued by the Punjab chief secretary on Feb 4.

They also sought a restraining order, barring the caretaker government from transferring and postings officials working in the constituencies where by-polls or general elections were to be held.

Barrister Sameer Khosa argued the petitioners were the candidates for by-elections in the constituencies falling under the Punjab Assembly and were aggrieved by the government’s notification.

He said the impugned notification was in violation of provisions of the Constitution and the Election Act 2017.

He said the Election Commission of Pakistan (ECP) issued the notification, pursuant to section 7 of the Election Act, on Jan 27, and thereafter issued second notification on Feb 3, mentioning constituencies of the district where elections were going to be held.

The counsel pointed out that the government immediately issued the impugned notification on Feb 4, transferring all the officials, mostly pertaining to the districts where elections were going to be held or the poll process was on.

He said the law strictly prohibited the respondents from transferring any official deputed or appointed before election process, without prior ECP approval.

Deputy Attorney General Nasir Javed Ghumman objected to the maintainability of the petition and said that all the transfers and postings, mentioned in the impugned notification, had been made to ensure A free and fair election.

He pointed out that certain matters relating to various steps taken by the caretaker government were already pending before a larger bench headed by Justice Ali Baqar Najafi.

Justice Jawad Hassan issued notices to the respondents and directed the registrar office to place the petition before the larger bench for further proceedings.

Published in Dawn, February 8th, 2023