LAHORE – The appointment of caretaker Prime Minister Justice (r) Mir Hazar Khan Khoso has been challenged in the Supreme Court.

Watan Party President Hashim Khan moved the petition through Barrister Zafarul Allah Khan in the Lahore Registry, saying that the authority of the election commission to nominate the caretaker prime minister according to Article 224-A sub article 9(3) was repugnant to the constitution and should be struck down.

According to sub article 9(3) of Article 224-A, the parliamentary committee will finalise the name of caretaker PM within three days of referral of the matter to it, he added.

In case of inability of the committee to decide the matter in the designated period, the names will be referred to the election commission within two days.

The petitioner said that these were obvious lacunas as thought so by the members of the committee. “In fact the truth of the matter is that the EC has no place in this matter and it is against the schemes of things in the constitution, since our constitution is based on democratic principles,” the petitioner maintained.

The petitioner said neither the national assembly had the jurisdiction to abdicate or delegate its authority to the EC nor it could transfer its supremacy or sovereignty to any other institution including the EC since all other institutions are non-elected and the voters have not placed their confidence upon them nor these are under their control whereas the representatives of people are directly under their control because they are to be elected again by the same voters.  He added submitted that the formation of the election commission had been under criticism from all sides due to appointments which had not been considered very impartially and their performances would soon speak for itself

By appointing an 82 years old caretaker PM and from the judiciary, capability and honesty of the younger generation had been ignored, the petitioner said, alleging further it had become very obvious that judges’ election commission had appointed nobody else as caretaker PM except 82 years old retired judge.

He alleged that the whole election commission was partial as one members of the EC from KPK was of ANP, EC members from Balochistan and Karachi were favourites of PPP while the CEC was related to the MQM therefore the result of upcoming election would be in the favour of the PPP.