March 08, 2023
ISLAMABAD: The Election Commission of Pakistan (ECP) told the Supreme Court on Tuesday that recently reinstated Lahore Capital City Police Officer (CCPO) Ghulam Mahmood Dogar has inclinations towards a particular political party which may affect his constitutional duties if he remains the divisional head during the Punjab elections.
The ECP has filed a civil miscellaneous application with the apex court, praying to be included as a party to the instant petition and heard accordingly in the interest of justice.
The electoral body submitted its petition for the plea hearing Dogar’s transfer case.
The ECP in its plea contended that it was charged with a constitutional duty to ensure that free and fair elections as per the law and that corrupt practices 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,” the ECP submitted.
The electoral watchdog contended that CCPO Dogar had inclinations towards a particular political party and therefore the commission had reasons to believe that he would not be able to fulfil his constitutional duties if he remained the divisional head during the conduct of the provincial assembly elections in Lahore.
The ECP recalled that the Supreme Court in the worker's party’s case mandated the commission to take preemptive measures to guard against any corrupt practices or even a possibility thereof so that the elections are conducted honestly and in accordance with the law.
“It is not understandable as to why the incumbent officer is interested in a particular posting of his choice station,” the ECP contended, adding that as per the law, transfers and postings were the prerogative of the government and no particular officer could claim any right of posting of his choice.
It further submitted that the Punjab Assembly was dissolved on January 14, under Article 112(1) of the Constitution and a caretaker government was appointed on January 22 under Article 224 (A).
It submitted that letters were written to the chief secretaries of Punjab and KP dated 26-01-2023 for the reshuffling of all administrative officers for ensuring impartial elections.
“It is a considered view of the commission that without reshuffling of such partisan officers, free and fair elections shall not be possible in line with Articles 218 and 230 and the Elections Act 2017,” the ECP submitted.