ISLAMABAD: The Islamabad High Court (IHC), Thursday, turned down a petition challenging the appointment of Sikandar Sultan Raja as chief election commissioner (CEC).
A single bench of Chief Justice Aamer Farooq heard a petition filed by Pakistan Tehreek-e-Insaf (PTI) leader Akmal Khan Bari through advocate Sardar Latif Khan Khosa.
The IHC bench dismissed the petition by terming it as inadmissible.
Bari moved the petition under Article 199 (1)(b)(ii) of the Constitution for issuing of writ of quo warranto directed Raja to call upon the show as to under what authority he is holding the public office namely, CEC.
He stated that the respondent No1 appointed Raja as chief Election Commission of Pakistan vide a notification number SRO (1)/2019, dated 24.01.2020).
He argued that the notification in question is violative of mandate of Article 213 of the Constitution; therefore, a writ of quo warranto merits to be issued thereby.
The counsel argued that it has been very clearly, explicitly and unequivocally enshrined in the Article 213(2) of the Constitution that no person shall be appointed as CEC unless he has been judge of Supreme Court or he has been senior civil servant or he is a technocrat and is not more than 68 years of age.
He submitted that in the explanation No1 to the Article it has been salary/ remunerations and perks and privileges to the respondent No2 but also merits to be directed to recover all the salaries, remunerations, perks and privileges and any other ancillary financial benefits respondent No2 has received since his appointment i.e. 24.01.2020.
He contended that if the respondent No2 eventually found to be holding office of the Chief Election Commission without any lawful authority, merits to be declared to be usurping the public exchequer.
Khosa added that if the writ of quo warranto is not issued and eventually Raja is not declared to be usurping the public exchequer/taxpayers money a huge loss is likely to be extended thereto.
Therefore, he prayed that a writ of quo warranto may very graciously be issued, requiring the respondent No2 to show as to under what authority he is holding or purported to hold the public office namely, CEC in the interest of justice, fair play, and equity.
He further prayed that if eventually fails to show as to under what he is holding the public office in question, he be declared to be usurping the public exchequer and it is still further submitted that if the respondent No2 is eventually declared to be usurping the public ex-checker, the respondent No3 be directed to recover all the salaries /remunerations and perks and privileges from date of his appointment.
Copyright Business Recorder, 2024
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