Sheikh Rashid Ahmed, the head of the Awami Muslim League (AML) and a former interior minister, filed the petition against Naqvi, alleging that he had connections to PPP Co-Chair Asif Ali Zardari and had been actively involved in the movement for regime change against the ruling Pakistan Tehreek-e-Insaf (PTI).
The Election Commission of Pakistan (ECP) has the authority to appoint the caretaker CM, and the court noted during the proceedings that the appointment of the caretaker CM was made in accordance with the law.
The federal government’s attorney argued that the ECP had the authority to prevent any abuse of authority by a caretaker CM.The court agreed, stating that a caretaker CM could not act outside the purview of the ECP, which must remain neutral and sovereign.
The petitioner’s counsel argued that the ECP did not follow due process in appointing the Punjab caretaker CM and requested the court to declare the appointment notification as illegal.
He pleaded with the court to hold the ECP accountable for breaking the law and the constitution when appointing the interim chief minister of Punjab, branding the ECP as biassed and unable to conduct free and fair elections.
Additionally, he asserted that Naqvi was appointed as a result of his close ties to the current ruling class, particularly to Zardari and the Sharif family, as well as his political animosity towards the opposition.
The plea stated that Naqvi was a convicted person because he had entered into a plea agreement under Section 25 of the National Accountability Ordinance (NAO), 1999, in connection with a case of corruption and corrupt practises brought by the National Accountability Bureau (NAB).
A person accused of committing a violation of Section 9 is no longer permitted to hold public office and is ineligible to hold any public office, according to Section 15 of the NAO.
The petitioner’s solicitor claimed that Naqvi was ineligible to serve as the caretaker chief minister of Punjab and that his appointment was unauthorised and unconstitutional.
The Punjab caretaker CM’s appointment was contested by Rashid, but the court ultimately rejected his argument. It reaffirmed that the appointment was legal and that the ECP has the authority to choose the caretaker CM.
The court also emphasised the need for the caretaker CM to act impartially and sovereignly while adhering to the ECP’s jurisdictional boundaries.
The LHC’s judgement upholds the Election Commission of Pakistan’s choice of Mohsin Raza Naqvi to serve as Punjab’s acting Chief Minister.
The court’s ruling highlights how crucial the ECP’s role is in ensuring free and fair elections in the nation and emphasises how important it is for caretaker CMs to maintain their objectivity and adhere to the ECP’s rules.
