ISLAMABAD
\nPTI on Friday challenged in the Supreme Court the appointment of Punjab Caretaker Chief Minister Syed Mohsin Raza Naqvi, and petitioned that he be restrained from performing any function regarding the elections and appointing any cabinet members.
\nIn the petition filed by Advocate Imtiaz Rashid Siddiqui, the PTI argued that Naqvi\u2019s appointment by the Election Commission of Pakistan (ECP) was \u201cin direct violation of the provisions of the Constitution read with the provisions of the Elections Act 2017 and the Election Rules 2017\u201d.
\nThe party asked for the ECP to be declared \u201c\u2018en masse\u2019 biased and in violation of the code of conduct prescribed under Article 209 of the Constitution\u201d (Supreme Judicial Council), claiming that it had abused constitutional and statutory powers.
\nThe petition also asked for the appointment of Babar Hassan Bharwana and Justice (Retd) Ikramullah Khan as ECP members to be declared in violation of the Constitution, and be struck down.
\nMoreover, it requested that PPP leader Raja Riaz Ahmad\u2019s appointment in May 2022 as the Leader of the Opposition be suspended as well, since it was \u201cwithout lawful authority and of no legal effect\u201d.
\nIt alleged that National Assembly Speaker Raja Pervaiz Ashraf had \u201cexercised mala fide powers\u201d in designating Ahmad for the role.
\nRegarding Naqvi\u2019s appointment, the plea argued that an \u201cindividual without any experience of political, constitutional, bureaucratic set-ups has been selected\/appointed\u201d.
\nStating that Naqvi had \u201cno political, administrative and legal experience in ensuring the rule of law [and] the working of governments, the petition said the ECP\u2019s \u201cunanimous\u201d decision was in negation to the mandate of the Constitution.
\nThe petition also highlighted that former PTI leader Faisal Vawda had \u201cpublicly confirmed\u201d in a news program on Samaa TV that Naqvi was the \u201conly person\u201d who will be appointed as the caretaker chief minister of Punjab.
\nRegarding the ECP, the plea termed its actions to be \u201cequally worrisome\u201d.
\nIt argued that the electoral body, \u201cin collusion\u201d with Naqvi, had \u201ccaused massive transfers and postings and have brought officials who are inimical to the presence of PTl\u201d.
\nThe petition further claimed that Bharwana and Justice Khan were nominated as ECP members \u201cthrough an artificial process\u201d. It said the \u201centire process of consultation, nomination and appointment\u201d was in gross violation of the Constitution.
\nIn a separate petition, Awami Muslim League (AML) chief Sheikh Rashid also challenged the appointment of Naqvi for being \u201cillegal, unlawful, without lawful authority, result of misuse of authority and excess of jurisdiction\u201d.
\nThe petition (filed by Advocate Sardar Abdul Raziq Khan) requested the apex court to direct the ECP to \u201censure free, fair and transparent elections\u201d by performing its duties under Articles 218 (election commission), 219 (duties of commission) and 224 (time of election and by-election) of the Constitution.
\nRashid argued in the plea that Naqvi\u2019s name was \u201cput forth by present regime on account of his close association with current ruling elite, particularly Asif Ali Zardari and [the] Sharif family, and his political enmity against [the] opposition\u201d.
\nHe alleged that Naqvi was currently the owner of a media house that was \u201cinvolved in regime change against the PTI and has been actively working for the PDM\u201d.
\nThe plea further stated that Naqvi was \u201cnot eligible to be appointed\u201d as the Punjab caretaker chief minister because he was \u201cinvolved in a case of corruption and corrupt practices\u201d that was initiated by the National Accountability Bureau (NAB).
\nCiting Section 15 (disqualification to contest elections or to hold public office) of the NAB Ordinance 1999, the petition argued that an \u201caccused person [\u2026] convicted of an offence\u201d shall \u201ccease to hold public office and [\u2026] stand disqualified\u201d.
\nIt added that Naqvi had allegedly \u201cstruck plea bargain\/voluntary return\u201d under Section 25 (voluntary return and plea bargain) of the NAB Ordinance and that any such accused person who has availed the section\u2019s benefit shall also \u201cbe deemed to have convicted for an offence [\u2026] and shall stand disqualified for public office\u201d.
\nRashid further argued in the petition that Naqvi\u2019s appointment would \u201cdefeat the constitutional mandate\u201d as \u201cfair and transparent elections rested upon [an] impartial, unbiased and honest caretaker setup\u201d.
\nHe also claimed that Naqvi\u2019s appointment was in violation of the fundamental rights of citizens safeguarded under Articles 3 (elimination of exploitation), 4 (right of individuals to be dealt with in accordance with law, etc), 9 (security of person), 10A (right to fair trial), 14 (Inviolability of dignity of man, etc), 15 (freedom of movement, etc), 16 (freedom of assembly), 17 (freedom of association) and 19 (freedom of speech, etc) of the Constitution.
\nNeither of the petitions filed by the PTI and Rashid have been approved for hearing yet.<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD PTI on Friday challenged in the Supreme Court the appointment of Punjab Caretaker Chief Minister Syed Mohsin Raza Naqvi, and petitioned that he be restrained from performing any function regarding the elections and appointing any cabinet members. In the petition filed by Advocate Imtiaz Rashid Siddiqui, the PTI argued that Naqvi\u2019s appointment by the […]<\/p>\n","protected":false},"author":2,"featured_media":226293,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[292],"class_list":{"0":"post-310140","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-national","8":"tag-supreme-court"},"yoast_head":"\n