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 comprising Chief Justice of IHC Justice Aamer Farooq conducted the petition filed by Pakistan Tehreek-e-Insaf (PTI) leader Akmal Khan Bari through his counsel Sardar Latif Khan Khosa. The IHC bench dismissed the petition by terming it inadmissible. Bari moved the petition under Article 199 (1)(b)(ii) of the Constitution of Pakistan 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 Chief Election Commissioner.
He stated before the court that the respondent No.1 appointed the Raja as Chief Election Commission of Pakistan vide a notification number S.R.O (1)/2019, dated 24.01.2020). He adopted the stance that the notification in question is violative of mandate of Article 213 of the Constitution of Islamie Republic of Pakistan 1973; 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 Chief Election Commissioner 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 sixty eight years of age. He submitted that in the explanation No.1 to the Article in hand it has been salary/remunerations and perks & privileges to the respondent No.2 but also merits to be directed to recover all the salaries, remunerations, perks & privileges and any other ancillary financial benefits respondent No.2 has received since his appointment ie. 24.01.2020.
He contended that if the respondent No.2 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 Waranto 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 No.2 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 No.2 is eventually declared to be usurping the public ex-checker, the respondent No.3 be directed to recover all the salaries/remunerations and perks and privileges from date of his appointment.
