If elections are not held within 90 days, the constitution will be violated, Supreme Court

Islamabad: In the transfer case of CCPO Lahore Ghulam Mehmood Dogar, the Supreme Court asked the Election Commission for the details of the correspondence between all the institutions.

During the hearing of the case, the Supreme Court summoned the Chief Election Commissioner on which Sulander Sultan Raja appeared before the court. The Supreme Court adjourned the hearing of the case till tomorrow after seeking a detailed report from the Chief Election Commission.

During the hearing, Justice Ejaz-ul-Ahsan remarked that there was an order of the Supreme Court, yet why was the CCPO changed, why was there such a rush to transfer Ghulam Mahmood Dogar? On which the Punjab government lawyer said that Ghulam Mahmood Dogar was changed for the second time with the permission of the Election Commission.

Justice Ijaz-ul-Ahsan remarked that what is the role of the Election Commission in the change of officers. Justice Mazahir Ali Akbar said that the role of Election Commission is after the announcement of elections.

The Additional Advocate General stated that the permission was taken from the Election Commission due to the establishment of a caretaker setup in Punjab. According to the constitution, elections are to be held within 90 days after the establishment of a caretaker setup.

Justice Ijaz-ul-Ahsan remarked that then tell me where the elections are. Justice Mazahir Ali remarked that half of Punjab has been transferred. Justice Mazahar Ali Akbar Naqvi remarked whether there is any district in Punjab where transfer has not taken place.

Justice Ijaz-ul-Ahsan remarked that the Election Commission was not aware of the order of the Supreme Court. The Election Commission is doing all the other things except its own work.

After the Chief Election Commissioner was summoned, the Ghulam Mahmood Dogar exchange case was heard again after a break, and the judges inquired whether the Chief Election Commissioner had arrived. On which the court staff said that the government lawyers have not yet returned nor the Chief Election Commissioner.

Justice Ejaz-ul-Ahsan remarked that the usual cases were over, so they should be informed when the Chief Election Commissioner arrives, after which the hearing was adjourned until the arrival of the Chief Election Commissioner.

After Chief Election Commissioner Sikandar Sultan Raja reached the Supreme Court, the hearing started twice. Justice Ijaz-ul-Ahsan remarked that the constitution obliges to hold elections within 90 days and it is the responsibility of the Election Commission to hold elections.

Justice Ejaz-ul-Ahsan further remarked that there is no ambiguity in the constitution regarding elections in 90 days and conducting transparent elections is the sole responsibility of the Election Commission. The Caretaker Government cannot appoint and transfer and if the Caretaker Government intends to transfer, it will apply with solid reasons, the Election Commission is bound to review the reasons and issue an appropriate order.

The Chief Election Commissioner said that if the court gives an order, they will stop the exchanges, if they give the date of the election themselves, it will be a violation of the constitution. If I get a chance, I want to put some things before the court.

Sulander Sultan Raja told the court that I am being prevented from exercising my powers and constitutional requirements. They asked for security from the army, they refused, they refused from the judiciary when they asked for ROs, and they asked for money for the elections, that was also refused. My powers are being curtailed, how can free fair elections be conducted in such circumstances. If the court considers the transfers as an obstacle to free elections, then they will not do it.

Justice Ijaz-ul-Ahsan remarked that you will give a detailed report and examine if there are any problems, but there are 37 districts, make transfers in all of them.

The Attorney General took the stand that it would be appropriate for the court to wait for the decision of the Lahore High Court because the court has to see whether it will hear the election case when the appeal comes or in the same case.

Justice Mazahir Naqvi remarked that the transfer was done in violation of the orders of the Supreme Court and Ghulam Mahmood Dogar was transferred at the behest of the Election Commission.

Lawyer Abid Zuberi told the court that Ghulam Mahmood Dogar was replaced on the verbal orders of the Election Commission, upon which Justice Mazahir Naqvi inquired whether the exchange was correct on verbal orders.

The Chief Election Commissioner said that the Chief Secretary had called on January 23 and asked about the exchange and on receiving the written request, he had given formal permission on February 6. Justice Mazahir Naqvi inquired whether you were not aware of the orders of the Supreme Court. The Chief Election Commissioner replied that there was no mention of the Supreme Court orders in the records found, guidelines have been issued to the provincial governments regarding the conversion.

Justice Ijaz-ul-Ahsan remarked that you are only bound by the constitution and law and not by your own policies.

During the hearing, the secretary reprimanded the Election Commission for repeatedly shaking his head. Justice Ijaz-ul-Ahsan inquired who are you and why are you standing on Rostam and shaking your head? Umar Hameed Khan said that I am the Secretary Election Commission. Justice Ijaz-ul-Ahsan said whoever you are, sit on the seat.