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The Election Commission of Pakistan (ECP) on Friday filed an appeal against a judgment of the Islamabad High Court (IHC). A divisional bench of IHC, comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb on May 10 (Thursday) set aside a notification of ECP banning the development work, recruitments and postings in government departments. The ECP in the appeal took stance that the decision to ban the uplift schemes and the fresh recruitments in government departments was taken to provide a level playing field to all the political parties and the candidates.
The Supreme Court on April 24 had maintained the ban on recruitments in government institutions before the upcoming general elections with the direction to the Islamabad High Court (IHC) to decide petitions against the ECP notification within one week.
The ECP on April 11 issued a notification banning recruitment of public servants in federal, provincial and local government institutions to ensure transparency in the upcoming general elections. It (ECP) also halted implementation of all developmental schemes approved after April 1, 2018. Transfer of funds from one scheme to another was also halted. The federation after the apex court order, dated April 24, 18, filed a petition in the IHC. It was adopted in the petition that the ECP through issuance of a notification dated April 11 imposed ban on all kinds of recruitments in any ministry, department, division or institution of the federal government or any other department of provincial and local government.
"Further, the said notification has put at halt all development schemes, which have already been approved with effect from first April, 2018 like health, education, installation of gas pipelines, supply of electricity, roads, carpeting, water supply schemes, etc, with the effect that any of such schemes shall not be executed by the federal, provincial or local governments' authorities," said the petition.
It was contended in the federation's petition that the ECP is responsible to conduct election honestly, justly, fairly and in accordance with law, thus imposing the ban on all kinds of recruitment is illegal, without jurisdiction void ab initio.
Therefore, it was prayed that in view of the above submissions, it is most respectfully prayed that the said ECP notification may be declared as nullify the eyes of law and as having been issued without lawful authority and of no legal effect.

Copyright Business Recorder, 2018

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