ISLAMABAD: The Lahore High Court (LHC) Rawalpindi bench on Friday restored district status of Murree by suspending the notification issued by the caretaker government of Punjab.

The LHC single member bench comprising Justice Sultan Tanvir Ahmad issued the interim suspension order while hearing the petition of residents of Murree who were aggrieved of the notification of Feb 15 passed by the Board of Revenue, Punjab.

The petitioners included Raja Shaukat Ali Abbasi, Abdul Jabbar Satti, ShakeelAbbasi and Akhlaq Abbasi.

Barrister Hamza Anwar Abbasi and Saima Anwar Abbasi represented the petitioners.

The counsel argued that Murree has been designated as a district by the former Chief Minister Punjab Chaudhry Pervaiz Elahi.

The counsel recollected that in the wake of the ordeal that took place on Jan 7 last year, which claimed lives of 22 tourists who got stuck in the snowfall because of administrative failures, the residents of Murree filed a petition before the LHC and the latter deciding the petition advised the provincial government to take steps for good governance.

Suspends notification issued by Punjab caretaker govt

The provincial government on Oct 14, 2022 designated Murree as a separate district in order to ensure effective administrative system to tackle the region’s distinct challenges.

It, however, said that the caretaker government on Feb 15 “illegally and unconstitutionally passed the impugned notification whereby the status of a district conferred on Murree stood suspended till the general elections.”

According to the petition, the notification of the caretaker government was without lawful authority and the same is liable to be set aside.

The petition stated that the caretaker government’s decision was beyond its legitimate authority as the superior courts have laid down with impeccable clarity that the authority of a caretaker government is limited to executing day to day administrative functions of the provincial government so as to ensure that the administrative machinery of the provincial government remains continuous and smooth.

It referred to the judgements of the Supreme Court and High Courts that elucidated that a caretaker government is not empowered to perform functions or take decisions which are substantial and which are likely to have far reaching consequences; as such functions or decisions are the sole prerogative of an elected government.

It stated that suspension of district status of Murree is tantamount to stifling the working of the administrative system of the hill station.

Referring to the limited mandate of the caretaker government, the petition pointed out that it is regulated by Section 230 of the Elections Act 2017 which strictly provides that a caretaker government shall only perform day to day functions of the government.

Furthermore, Section 230(2) of the Elections Act, 2017 contains a list of restrictions on the exercise of power by a caretaker government.

It asserted the unelected caretaker government in the Punjab does not have the jurisdiction nor the lawful authority to suspend the status of a district on the purported basis of holding of general elections as the same amounts to doing something in relation to general elections which is the sole prerogative and jurisdiction of the Election Commission of Pakistan (ECP) adding that the ECP is a constitutional body which is established with a purpose for conducting elections across Pakistan and in doing so it can seek assistance from any federal or provincial governmental institutions to aid it in carrying out its constitutional duty.

It requested the court to set aside the notification.

The court suspended the notification and adjourned further hearing till a date to be fixed by the registrar office.

Published in Dawn, February 25th, 2023