Humayun Khan
PESHAWAR: Peshawar High Court (PHC) granted status quo while seeking suspension of impugned tender notice and ordered Chief Engineer (North Zone) Pakistan Public Works Department, Executive Engineer Central E/M Division, Deputy Commissioner Peshawar and Deputy Commissioner Khyber to submit para-wise comments within fortnight, on Wednesday.
The counsel for petitioner Zakir Hussain advocate appeared before court and argued that not adopting the due process the respondents who are at the helm of affairs have grave illegality and such act of respondents is not only unlawful but has exceeded jurisdiction vested upon them and against the law as well.
The petition further stated that after dissolution of the Provincial Assembly the care taker Government is being appointed by the Governor of Khyber Pakhtunkhwa and the Care Taker Government would enjoy limited powers of Administrative continuity within available resources, while preventing any major decision from being taken.
The Election Commission after issuance of notification in respect of Code of Conduct of free and fair elections restrained the respondents with specific directions, not to announce /execute any kind of developmental schemes in Punjab and Khyber Pakhtunkhwa provinces except those which are ongoing and approved before the issuance of notification.
The respondents while issued the impugned tenders notices after the promulgation of the Notification by the Election Commission of Pakistan in order to facilitate their political candidates and to obtain the favour of the General Public in the upcoming Elections, which is the sheer violation of the Rules, Law & norms of the Justice, the same are liable to be declare null and void in the eyes of law, the petition stated.
The counsel argued to declare that the impugned tender notices of Developmental Works and other development works until after holding next General Election, announced & advertised after the publication of code of conduct is against the law, rules, violation of the fundamental rights provided under the Constitution of Islamic Republic of Pakistan and against the Clause (e) of the notification dated 22.01.2023 issued by the Election Commission, illegal, unlawful, without lawful authority and is liable to be declared so.
The writ argued to direct the respondents to ensure the free, fair and transparent elections in the province of Khyber Pakhtunkhwa in pursuance of the guidelines as well as Section 230 of the Election Act 2017, no institution, Department and authority has the power to announce / execute anykind of Developmental Schemes in the province of Khyber Pakhtunkhwa and the already Developmental Works invited Tender notices is against the law, rules and code of conducts issued by the Election Commission of Pakistan and also the violation of the Article 4, 5, 25, 27, 35, 37 & 38 of the Constitution of Islamic Republic of Pakistan, 1973.
