ISLAMABAD - The Election Commission of Pakistan (ECP) Tuesday filed an application in the Supreme Court of Pakistan against the posting of Ghulam Mahmood Dogar as the CCPO, Lahore.
A three-member bench of the apex court headed by Justice Ijazul Ahsan, and comprised Justice Mazahar Ali Akbar Naqvi and Justice Muneeb Akhtar, on February 17 suspended the transfer of Ghulam Mahmood Dogar, saying prima facie transfer was made on verbal order and referred the case to a five-member bench.
The ECP on Tuesday through advocate Sajeel Sheharyar Swati filed an application praying the Court to allow it to be impleaded as a party to the instant petition and heard accordingly in the interest of justice.
The ECP stated that as a constitutional body it is mandated to organise and conduct free and fair elections in terms of Article 218(3) of the constitution and to guard against corrupt practices. The Commission stated it was deriving its wisdom from the dictum of the apex court judgment in Workers’ Party case.
The application maintained that the ECP is charged with a constitutional duty to ensure that the elections are conducted honestly, justly, fairly and in accordance with the law and that the corrupt practice are guarded against. It is imperative that to ensure that the constitutional duty as envisaged in Article 218(3) is fulfilled, the machinery assisting the Commission is neutral and non-partisan, and also has no germs of affiliations with a political party.
It continued that the incumbent officer has inclination towards a particular political party and therefore the Commission has reasons to believe that he will not be able to fulfil its constitutional duties if the said officer remains the head of Division during the conduct of the Punjab Provincial Assembly elections in Lahore.
It further submitted that the Supreme Court in Workers Party’s case (PLD 2012 SC 681) has mandated the Commission to take pre-emptive measures to guard against any corrupt practices or even a possibility thereof, so that the elections are conducted freely, honestly, justly and fairly and in accordance with the law. The ECP continued that it is not understandable as to why the incumbent officer is entrusted in a particular posting of his choice station. As per the trite law of this land, the transfer and postings are the prerogative of the government i.e. provincial or the federal, and no particular officer can claim any right of posting of his choice.