The federal government and the Election Commission of Pakistan (ECP) have allegedly violated mandatory constitutional orders, according to a letter submitted by Pakistan Tehreek-e-Insaf (PTI) to President Arif Alvi.
The caretaker government (which could legitimately be considered an extension of the Election Commission) has been introduced for the short time period of 90 days, according to a letter that PTI shared with the media, with the sole purpose of assisting the commission in holding free, fair, just, and honest elections in accordance with the constitution and law.
Caretaker governments are given merely the authority and capacity to manage day-to-day operations during this time, not to make significant policy choices.
The caretaker setups were established in Punjab and Khyber Pakhtunkhwa after the provincial assemblies were dissolved. However, the mandatory time period for holding the elections within the allotted time lapsed as a result of the “unconstitutional and illegal” actions of the ECP and the PDM government, and the Supreme Court was forced to fix the time period for holding elections by using its constitutional authority.
Therefore, the current caretakers have been allowed to enter uncharted waters with the tacit approval of the ECP, in violation of all mandatory laws and standards of propriety, and they have engaged in making significant policy decisions, such as posting and transferring officials, to affect the transparency and fairness of the elections.
Since the constitution does not provide for a continuance or extension of the period established for the interim setups, the interim setups in both provinces have served their full constitutional term. The temporary arrangements made in this situation cannot be deemed legal; rather, they must be viewed as “usurpers” imposed by the Election Commission and are subject to immediate removal.
In this eventuality it is respectfully requested to kindly refer the matter to the Supreme Court of Pakistan in advisory jurisdiction to address this blatant unconstitutionality.
