LAHORE: The Lahore High Court on Thursday sought replies from the Election Commission of Pakistan (ECP) and the caretaker government of Punjab on a petition seeking a restraining order against the functioning of the latter beyond May 14.

Justice Raheel Kamran Sheikh heard the petition filed by Aftab Ahmad Bajwa, former secretary of the Supreme Court Bar Association.

The lawyer argued that the sole purpose of the caretaker government as mandated under the Elections Act, 2017, was to ensure free, fair and transparent elections.

He said that during the interim period — from the dissolution of the assembly to fresh elections — the caretaker set-up was empowered only to attend day-to-day matters necessary to run government affairs for a limited period of 90 days.

He said the caretaker government automatically lost its legitimacy after the time period of 90 days on May 14, irrespective of the fact whether the elections were conducted.

The lawyer argued that as per settled principles of law, a caretaker government was not vested with the jurisdiction and/or power which fall within the scope, power and sphere of a duly elected government.

He said a caretaker government had a limited purpose of ensuring honest, free and fair elections and to hand over power to the duly elected government.

He asked the court to declare that the functioning of the caretaker government beyond May 14 was illegal, void and having no sanctity in the eyes of law.

He said all the actions taken by the incumbent caretaker government should be declared illegal.

The petitioner-lawyer further requested the court to order the ECP to appoint a new caretaker government or the previous elected government be reverted.

Justice Sheikh directed a law officer to submit replies on behalf of the respondents by the next date of hearing, which will be fixed in the first week of September.

Published in Dawn, August 18th, 2023