ISLAMABAD: The Supreme Court on Tuesday returned the petitions seeking to declare the appointment of Mohsin Raza Naqvi as the caretaker chief minister of the Punjab and two members of the Election Commission of Pakistan (ECP), being made without lawful authority.
The objection raised said the chief minister of the Punjab province cannot be impleaded as a party under Article 248 of the Constitution.
The ECP, on January 22, appointed Naqvi as caretaker chief minister for a 90-day interim period. His name was agreed upon in an ECP meeting chaired by Chief Election Commissioner (CEC) Sikander Sultan Raja and attended by four members of the commission, besides the ECP secretary and special secretary and ECP director general, law.
The constitutional petitions were filed last week, under Article 184(3) of the Constitution, to set aside the appointment of Mohsin Raza Naqvi as the caretaker chief minister of the Punjab, Babar Hassan Bharwana, Justice Ikramullah Khan (retired), as the Members ECP, and Raja Riaz Ahmed as leader of opposition in the National Assembly.
However, the Registrar Office on Tuesday raised objection that the petitioners have not pointed out as to what questions of public importance and the Fundamental Rights are involved in the instant matter to directly invoke the jurisdiction of the Supreme Court under Article 184(3).
The ingredients for invoking extraordinary jurisdiction of this Court under Article 184(3) of the Constitution have not been satisfied.
Notice issued to the respondent is not properly drawn as it is neither mentioned therein that for what purpose this constitution petition has been filed before the apex court nor copy of petition has been provided to the respondent.
The petitioners have not approached any other appropriate forum available under the law for the same relief and have also not provided any justification for not doing so.
No proof/resolution is provided by Asad Umar that he is the general secretary of the PTI and filing the petition on behalf of the party. Misconceiving multifarious prayers have been made in one constitution petition, and scandalous language has been used in his petition. The petitioner has arrayed some unnecessary parties.
Pakistan Tehreek-e-Insaf (PTI) and its General Secretary Asad Umar, and Awami Muslim League Chief Sheikh Rasheed on January 27 had challenged the appointment of Mohsin Naqvi as the caretaker chief minister of the Punjab in the Supreme Court.
They prayed before the apex court that Mohsin Naqvi be restrained from performing any function regarding the elections and appointing cabinet members. They argued that Naqvi’s appointment by the ECP was “in direct violation of the provisions of the Constitution read with the provisions of the Elections Act 2017 and the Election Rules 2017”.
Copyright Business Recorder, 2023
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