Tariq Ullah Wardak
ISLAMABAD: The Election Commission of Pakistan (ECP) informed the Supreme Court on Tuesday that it imposed a ban on recruitment of public servants to stop pre-poll rigging.
A bench of the apex court, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, was hearing a petition pertaining to restrictions on recruitment in all federal and provincial government departments and release of funds for uplift schemes across the country.
The ECP secretary said it is incumbent upon the electoral body to ensure fair and free elections under Article 218 of the Constitution.
The ban on government jobs and release of funds ahead of 2018 general elections is aimed to stop pre-poll rigging, he added.
He clarified that no ban has been imposed on recruitment through federal and provincial public service commissions.
The apex court directed the IHC to form a division bench, headed by Justice Amir Farooq, and decide on the matter in a week’s time.
A plea by the Punjab government’s against the ECP notification will also be transferred to the IHC.
All provinces can contest against the decision in the high court. The case will be heard on a daily basis; however, the ban remains in effect till the IHC orders otherwise.
The CJP also advised the ECP to form new laws and clarify the type of recruitment banned.
The ECP should also define its power, he said, adding that the high court is to take immediate decision on provincial governments’ application.
“If the top court gives a direct verdict then it will be the final one,” the top judge remarked. “If high court takes final decision then we will have that as the decision,” he added. According to article 218, transparent election is the responsibility of election commission, Justice Nisar added. The CJP sked ECP Secretary whether it had any specific powers to impose a ban on development schemes and recruitment.
“There is this issue regarding appointment of heads of some institutions. Will such notification affect their appointments?” he had asked.
A day earlier, the apex court directed the electoral body to come up with an explanation, spelling out the rationale behind the ban on recruitment of public servants.
During hearing, the chief justice asked the ECP secretary to explain under what law the ban has been slapped. In some important institutions, the process of recruitment of their heads is underway, he observed.
He asked if the Commission had powers to impose such ban, to which the secretary replied the Election Act 2017 empowered it to issue such orders.
“This is good that jobs should not be given ahead of elections [for political gains], but there should also be a reason behind such curb,” he said adding that such point had not been explained ever before.
