LAHORE: The Pakistan Tehreek-e-Insaf (PTI) on Tuesday filed a petition in the Lahore High Court against new transfers and postings in various departments, especially in the constituencies where by-elections are scheduled to be held.
The petitioners including: Hammad Azhar, Fawad Chaudhry, Shafqat Mehmood, Shah Mahmood Qureshi, and Asad Umar, among others, requested the court to set aside all such notifications, including those through which transfers and postings have already been made since the dissolution of the provincial assembly on January 14, 2023.
The lawmakers also requested the court to restrain the quarters concerned from making further transfers and postings in the constituencies where the by-elections are to be held. In their petition, the lawmakers have challenged the legality and constitutionality of a notification issued on February 4 by the chief secretary and caretaker Punjab Chief Minister Mohsin Naqvi, through which various public officials were posted and transferred in several districts of the province.
The petitioners contended that the said notification clearly violates the Constitution of Islamic Republic of Pakistan, the Election Act 2017, as well as the law settled by the superior courts of the country in various judgements. The lawmakers have stated that they are the candidates for the by-elections for various constituencies of the assembly to be held within the province, announced by the Election Commission of Pakistan.
It is important to mention here that on January 12, 2023, former Punjab chief minister Parvez Elahi had advised the governor to dissolve Punjab Assembly in exercise of his constitutional powers under Article 112. On January 14, 2023, pursuant to the advice of the then chief minister in accordance with terms of Article 112(1) of the Constitution, the assembly stood dissolved.
Subsequently, the speaker of the Punjab Assembly through a letter on January 20, 2023 requested the respondent to fulfil his constitutional duties and immediately appoint a date for elections not later than 90 days from the date of the dissolution of the legislature as required by Article 105 (3)(1)(a) read with Article 224 of the Constitution.
