LAHORE: The Pakistan Tehreek-e-Insaf (PTI) has decided to file a petition in the Supreme Court seeking appointment of administrators in Punjab and Khyber Pakhtunkhwa as 90-day tenure of caretaker governments in both provinces is going to end on April 22.
Former Punjab chief minister Chaudhry Parvez Elahi, ex-KP CM Mahmood Khan and Fawad Chaudhry will submit the petition as PTI Chairman Imran Khan has given nod for it after consultation.
Mr Chaudhry said the interim government could not stay in power beyond 90 days as per the Constitution, adding that the petition will be filed today or tomorrow. The development comes days after Fawad Chaudhry penned a letter to President Dr Arif Alvi on the issue of the expiry of tenure of the caretaker governments in both provinces.
“This is to draw our kind attention towards the breach of mandatory constitutional commands by the Federal Government and The Election Commission of Pakistan,” read the letter.
He said the caretaker government are installed for the limited time period of 90 days under article 224 of the Constitution to ensure the fair and transparent elections, adding that the only objective of the interim set up was to facilitate the commission in holding free, fair, just and honest elections in accordance with constitution and law.
“During such period the care taker governments are vested with only authority and power to run day to day affairs and not to take major policy decision.”
After the dissolution of Punjab and Khyber Pakhtunkhwa provincial assemblies, the caretaker setups were established in both provinces. However, due to the unconstitutional and illegal actions of the ECP and the PDM government, the mandatory time period for holding the elections within the stipulated time lapsed and the Supreme Court was constrained to fix the time period for holding elections by using its constitutional jurisdiction, he said.
“Therefore, the incumbent caretakers with the tacit approval of the ECP, in violation of all mandatory laws and standards of propriety have been permitted to embark upon the unchartered territories and it is indulged in taking major policy decisions including posting and transfers of the officials to affect the transparency and fairness of the elections,” the former information minister said.
“The interim setups in both provinces have completed their constitutional time period and since the constitution does not provide for continuation/extension of the period fixed for the interim set ups. Under these circumstances, the interim setups cannot be termed lawful and they must be considered “usurpers” imposed by the Election Commission and they are liable to be removed forthwith,” read the letter.
“In this eventuality it is respectfully requested to kindly refer the matter to the Hon’ble Supreme Court of Pakistan in advisory jurisdiction to address this blatant unconstitutionality,” he concluded.
