PTI to move SC against interim Punjab, KP govts as 90-day tenure ends this week

The 90-day constitutional term of caretaker govts will end on April 22

LAHORE (Dunya News) – 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 the 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 would 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 your kind attention towards the breach of mandatory constitutional commands by the Federal Government and The Election Commission of Pakistan,” reads the letter. He said the caretaker governments were installed for the limited time period of 90 days under Article 224 of the Constitution to ensure 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 caretaker governments are vested with only authority and power to run day to day affairs and not to take major policy decisions.” 

After the dissolution of the Punjab and Khyber Pakhtunkhwa provincial assemblies, the caretaker set-ups 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 uncharted 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 set-ups 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 set-ups cannot be termed lawful and they must be considered "usurpers" imposed by the Election Commission and they are liable to be removed forthwith,” reads 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.