ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday approached the Supreme Court to become a party in a case relating to the transfer of Lahore CCPO Ghulam Mehmood Dogar, stating that without reshuffling of “partisan officers”, free and fair elections will not be possible.

“It is considered the view of the commission that without reshuffling of such partisan officers, free and fair elections shall not be possible in line with Article 218…and Section 230 of the Elections Act 2017 (functions of the caretaker government),” said a five-page application which was filed before the apex court on behalf of the ECP.

“The incumbent officer has inclinations towards a particular political party [PTI]…the commission has reasons to believe that he will not be able to fulfil its constitutional duties if the officer remains the head of the [Lahore] division during the conduct of the provincial assembly elections in Lahore,” the application emphasised.

This is the same case in which the Supreme Court in its ruling on Feb 17 suspended the transfer of CCPO Ghulam Mehmood Dogar.

Election watchdog files application to become party in Dogar’s transfer case

The ECP application, which was moved under Order II Rule 2 read with Order 33 Rule 6 of the Supreme Court Rules, 1980, argued that the apex court in the 2012 Workers Party case had mandated ECP to take pre-emptive measures to guard against any corrupt practices or even a possibility so that the elections could be conducted in accordance with the law.

It is not understandable why the incumbent officer is entrusted with a particular posting of his choice station, the application added. As per the trite law of this land, the transfer and postings were the prerogative of the government, i.e. provincial or the federal government and no particular officer could claim any right of posting of his choice, the application emphasised.

According to the application in the court, the ECP issued directions to the caretaker government on Jan 22, 2023 to ensure a level-playing field for the contesting candidates and political parties. Such letters were also written to the chief secretaries of Punjab and Khyber Pakhtunkhwa on Jan 26.

The application also recalled how on Feb 16, Chief Election Comm­issioner (CEC) Sikandar Sultan Raja was summoned by the Supreme Court in the matter.

In response, the CEC appeared to explain that the ECP had deliberated upon the issue of transfers and postings and had issued guidelines for the transfer to be undertaken by the caretaker government and such guidelines have been sent to the provincial governments.

Moreover, the Punjab government had furnished the request for the transfer of petitioner Ghulam Mehmood Dogar while ECP granted permission in this regard.

The ECP chief had also explained that the commission in order to fulfil its mandate permitted transfers.

In its order, the apex court had held that CEC was not in a position to explain without the availability of the relevant record whether the case of CCPO Dogar was considered by the ECP separately and if a specific order had been passed after considering the question of expediency.

Published in Dawn, March 8th, 2023