LAHORE: A Lahore High Court five-member larger bench on Monday disposed of the petitions challenging the powers of the caretaker government to remove/transfer public servants.

The Pakistan Tehreek-i-Insaf (PTI) and dozens of officials felt aggrieved of the orders passed by the government and the Election Commission of Pakistan (ECP). The petitioners sought a judicial review of notifications issued by the caretaker government and the commission.

“We are of the view that the allegations against the Election Commission of Pakistan raised in these writ petitions are general in nature vis-à-vis officials of the administration etc,” said the order issued by the bench headed by Justice Ali Baqar Najafi.

Justice Abid Aziz Sheikh, Justice Shahid Karim, Justice Asim Hafeez and Justice Anwaar Hussain were other members of the bench.

The bench concluded that if an individual’s grievance was raised against a particular official of the provincial government before the ECP, it shall be at liberty to decide it after hearing all concerned.

Opposing the petitions, Advocate Shahzad Mazhar, on behalf of the ECP, argued that the commission had ample powers under Article 218 of the Constitution and the judgments passed by the Supreme Court to pass an appropriate order, if a particular grievance was raised against a particular person.

Disposing of the petitions, the bench hoped that the matter shall be decided fairly and justly by the ECP in case such material was placed before it.

The petitioners had also sought a stay order against the caretaker government from making transfers/postings of public officials functioning in the constituency in which by-polls or general elections were going to be held.

They said the impugned notifications were in violation of provisions of the Constitution and the Election Act 2017.

They said the law strictly prohibited the respondents from transferring any official deputed or appointed with an election/election process without prior approval by the ECP.

Some other petitioners contended that the caretaker government had no powers to terminate them. They said a caretaker government could not perform the functions of an elected government as it was formed to assist the ECP to hold fair and free elections only.

They asked the court to set aside their termination for being unlawful.

Published in Dawn, February 21st, 2023