ISLAMABAD: The Supreme Court of Pakistan has quashed the Lahore High Court (LHC) decision to halt the training of District Returning Officers (DROs) and Returning Officers (ROs) for the upcoming general elections in the country.
A three-member bench of the Supreme Court headed by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Mansoor Ali Shah and Justice Sardar Tariq Masood was formed to take up the case.
The court also issued show cause notice to Barrister Umair Niazi of Pakistan Tehreek-e-Insaf (PTI), who filed a petition in the Lahore High Court seeking District Returning Officers (DROs) and Returning Officers (ROs) from the judiciary.
The Chief Justice asked whether Umair Niazi’s petition had the potential to halt the entire polling process nationwide. The CJP expressed concern, stating that Umair Niazi’s petition amounted to contempt of the Supreme Court’s order and appeared to be an attempt to derail democracy. He questioned whether the Supreme Court should initiate contempt proceedings.
Furthermore, he remarked that it seemed Niazi was not in favor of holding general elections and issued a show notice to him. At the commencement of the hearing, the Chief Justice queried the Election Commission of Pakistan’s (ECP) lawyer, Sujeel Swati, regarding the election schedule, noting the shift from the previously set date of February 8.
Swati brought attention to an application filed by Umair Niazi of PTI in the Lahore High Court, prompting Chief Justice Qazi Faiz Isa to seek clarification on whether Niazi’s application represented an individual or the party.
The lawyer for the electoral watchdog clarified that Umair Niazi, as the Additional Secretary General of PTI, filed the application on behalf of the party. Swati further informed the court of Umair Niazi’s stance in the petition, challenging the appointment of administrative officers for ROs and DROs and seeking nullification under Sections 50 and 51 of the Election Act.
The Commission’s lawyer discussed the government’s responsibility in providing the list of Returning Officers, stating the petitioners’ desire for judicial officers to oversee the process.
Justice Mansoor Ali Shah questioned the timing of challenging this clause, while Swati pointed out the Election Commission’s previous correspondence with the judiciary seeking judicial officers.
Expressing concerns about a potential delay in the elections, the Chief Justice referenced the Islamabad High Court’s lack of response and the Peshawar High Court’s advice to refer to the Judicial Policy Making Committee.
Swati reiterated the ECP’s commitment to involving judiciary-appointed returning officers. The Chief Justice raised questions about Niazi’s intent in urging the High Court to issue a writ against its own court, reminding that the Supreme Court had previously decided on the elections based on PTI’s petition.
The electoral watchdog approached the apex court against the Lahore High Court’s (LHC) order halting the training of district returning officers (DROs) and returning officers (ROs), which impacted the polling process.
The saga unfolded on December 11 when the ECP announced the commencement of training for newly appointed ROs, primarily bureaucrats chosen to oversee the crucial role of conducting fair and transparent elections. However, the Lahore High Court temporarily suspended the ECP’s decision on Wednesday night, questioning the legality of appointing bureaucrats to these critical positions.
