Chief Justice Mian Saqib Nisar Monday observed that the upcoming general elections should not be delayed at any cost and must be held according to the timeframe given in the constitution.
Hearing a suo motu case pertaining to ban imposed by the Election Commission of Pakistan (ECP) on recruitment against vacant posts in various public sector departments ahead of the general elections, the chief justice said any delay in the conduct of elections will neither be acceptable nor be allowed on any grounds.
The court directed the ECP secretary, who appeared on notice, to clarify and justify the reasons behind banning recruitments in the government institutions. The chief justice questioned the secretary to cite law under which recruitments in the government institutions were banned by the commission. He also asked the secretary about the impacts of ECP’s decision on the ongoing appointments of heads of various institutions.
The secretary stated that it was the ECP’s responsibility under the Elections Act, 2017, to hold fair, free and transparent elections, thus measures were being taken to fulfil the responsibility. He said federal government has sought the ECP’s permission for making some appointments. The chief justice remarked that it was good that no recruitment should be made before the elections, however the explanation behind such a ban was must.
Giving justification about taking the suo motu notice over the matter, the chief justice said he took the step in a move to ensure the general elections are held on time. He also asked the secretary to brief the court that whether such a decision will affect the government functions, besides which law empowers the ECP to ban recruitments, adding that whether such a ban could be imposed before the dissolution of assemblies. He said the complaints pertaining to such appointments are filed in the respective high courts. He said the court will direct the high courts to dispose of such complaints before the conduct of elections.
The court issued notices to the attorney general for Pakistan as well as advocates general of all the provinces to appear on Tuesday (today).
Earlier on April 11, the ECP had imposed a ban on recruitment of public servants in federal, provincial and local government institutions. In an order sent to the federal and provincial governments, the ECP had stated that the ban would not affect recruitment through public service commissions. The move aimed at discouraging any pre-poll rigging by using government jobs as incentive.
The ECP had also halted implementation of all development schemes approved after April 1, 2018. Transfer of funds from one scheme to another was also halted. The ECP had also banned the transfer of previously allocated development funds to other heads.
On April 2, the ECP had barred public office-holders from using public money to promote themselves ahead of the elections. The ECP had sent to the provincial chief secretaries letters pointing out that the commission was busy with preparations for the upcoming elections and various stakeholders had reported that several public officeholders, including ministers, members of the national and provincial assemblies and party leaders, were announcing development schemes and fixing inaugural plaques under their names to woo voters ahead of the general elections.
Published in Daily Times, April 24th 2018.