IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
 
PRESENT: 
 
 
 
MR. JUSTICE IJAZ UL AHSAN  
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
 
Civil Petition No.3988 of 2022  
AND  
CMA No.676 of 2023  
 
Ghulam Mehmood Dogar 
Petitioner(s) 
 
VERSUS 
 
Federation 
of 
Pakistan 
through 
Secretary Government of Pakistan, 
Cabinet 
Division, 
Islamabad 
and 
others 
 
Respondent(s) 
 
For the Petitioner(s) 
: Mr. Abid S. Zuberi, ASC 
 
  
For the Federation 
: Barrister Shehzad Atta Elahi,  
Attorney General for Pakistan  
Ch. Aamir Rehman, Addl.AGP 
Sajid-ul-Hassan, 
Section 
Officer, 
Establishment Division 
 
  
For Punjab Government  
: Malik Waseem Mumtaz, Addl.AG, Pb. 
Mr. Sattar Sahil, AAG, Pb. 
 
  
On Court’s Call 
: Mr. Sikandar Sutlan Raja,  
Chief Election Commissioner 
Zafar Iqbal Hussain, Spl. Secretary,  
Election Commission of Pakistan   
Ms. Samia Tariq Janjua, Dy. Director 
(Law), ECP 
 
  
Date of Hearing 
: 16.02.2023 
 
O R D E R 
 
 
This is an application (CMA No.676 of 2023) under 
Order XXXIII Rule VI of the Supreme Court Rules, 1980 for 
placement of additional documents on record. Subject to all 
just and legal exceptions, the application is allowed.  
 
2. 
 
Pursuant to our orders dated 02.12.2022 and 
25.01.2023, the learned Attorney General for Pakistan as well 
Civil Petition No.3988 of 2022  
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as an Additional Advocate General, Punjab have appeared. 
The learned Attorney General for Pakistan has pointed out 
that a notification had been issued for repatriation of the 
petitioner 
(Ghulam 
Mehmood 
Dogar) 
to 
the 
Federal 
Government which had been suspended by a two member 
Bench of the Federal Service Tribunal at Lahore vide order 
dated 10.11.2022. However, another two member Bench of 
the same Tribunal had suspended the said order through a 
subsequent order dated 24.11.2022 which was challenged 
before this Court through the instant CPLA. The order dated 
24.11.2022 was suspended by this Court vide order dated 
02.12.2022. He maintains that the Federal Government has 
nothing to do with the latest transfer of the petitioner. He 
points out that the Notification dated 23.01.2023 regarding 
transfer of the petitioner with a direction to report to the 
Services & General Administration Department (S&GAD), 
Government of Punjab, Lahore for further orders has been 
issued by the Governor of Punjab.  
 
3. 
 
We have asked the learned Additional Advocate 
General, Punjab how such transfer has been ordered 
considering the fact that in terms of Section 230 of the 
Election Act, 2017 (“the Act”), there is a specific bar on the 
caretaker Governments against transfers/postings of public 
officials unless it is considered expedient and that too after 
approval of the Election Commission of Pakistan (“ECP”). The 
learned Additional Advocate General has submitted that the 
Civil Petition No.3988 of 2022  
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transfer had been undertaken after seeking approval of the 
ECP.  
 
4. 
 
In order to clarify the position of the ECP, we 
asked the Chief Election Commissioner (“CEC”) to appear 
before us in the matter. The CEC appeared and stated that 
the ECP had deliberated upon the issue of transfers and 
postings 
and 
had 
issued 
guidelines/policy 
for 
transfers/postings to be undertaken by the caretaker 
Governments such guidelines were sent to the Provincial 
Governments. He submitted that a request was received from 
the Government of Punjab for transfer of the petitioner and 
permission for such transfer was granted by the ECP. He 
maintained that the ECP is committed to hold free and fair 
elections in accordance with law and the Constitution and in 
order to fulfil its mandate to hold free and fair elections where 
necessary it has permitted transfers/postings in exercise of 
its powers under Section 230(2)(f) of the Act.  
 
5. 
 
He was not in a position to explain to us without 
availability of the relevant record whether the case of the 
petitioner was considered by the ECP separately and if a 
specific order had been passed after considering the question 
of expediency. He undertakes to file the requisite documents 
including minutes of the meeting in which this matter and/or 
the policy/guidelines for transfers/postings by the caretaker 
Governments were to be permitted. Let copies of the relevant 
record be placed on the file alongwith its detailed report. We 
asked the CEC whether he was aware of the fact that the 
Civil Petition No.3988 of 2022  
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matter of transfer of the petitioner was sub judice before this 
Court and interim orders had been passed. The worthy CEC 
stated that such fact was not brought to his notice either by 
the Government of Punjab or by the functionaries of the ECP.  
 
6. 
 
During the course of arguments it has been 
submitted that transfers and postings under the facts and 
circumstances of this case have a direct reference to the 
elections which are required to be held within 90 days of the 
dissolution of the Provincial Assembly of Punjab. It was 
submitted that although transfers/postings were being 
undertaken, the election date had not been announced which 
constitutes violation of Article 224(2) of the Constitution of 
the Islamic Republic of Pakistan, 1973 (“the Constitution”). 
The worthy CEC submitted that the ECP was committed to 
fulfil 
its 
constitutional 
obligations 
however 
it 
lacked 
jurisdiction to announce a date for the elections which, 
according to him, fell within the domain of the Governors of 
the respective Provinces in the case of Provincial Assemblies. 
He maintained that the Governor of Punjab had not 
announced the date on the ground that since the Assembly 
had not been dissolved on his order, he had no jurisdiction to 
give the election date and the ECP was not empowered under 
the Constitution to announce a date. He also maintained that 
the ECP has moved an application before the Lahore High 
Court for clarification of its judgment dated 10.02.2023. The 
High Court rendered a judgment directing the ECP to 
immediately announce the date of election of the Punjab 
Civil Petition No.3988 of 2022  
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Provincial Assembly after consultation with the Governor of 
Punjab, being the constitutional Head of the Province to 
ensure that the elections are held not later than 90 days as 
per the mandate of the Constitution.  
 
7. 
 
We note that the Provincial Assembly of Punjab 
stood dissolved on 14.01.2023 pursuant to the Advice of the 
Chief Minister, Punjab dated 12.01.2023. As such, elections 
to the Punjab Provincial Assembly are required to be held 
within 90 days of the said date in terms of Article 224(2) of 
the Constitution. However, no progress appears to have taken 
place in this regard and there is a real and eminent danger of 
violation 
of 
a 
clear 
and 
unambiguous 
constitutional 
command.  
 
8. 
 
In view of the fact that this matter is not before us 
in the present lis, we are not inclined to pass any order in this 
regard in view of the principle of law laid down by this Court 
in its judgment reported as Suo Motu Case No.4 of 2021: In 
the matter of (PLD 2022 SC 306). We are, however, of the 
view that the matter brought to our notice during these 
proceedings raises a serious question of public importance 
with reference to enforcement of Fundamental Rights 
conferred by Chapter-1 of Part-II of the Constitution. 
Considering the fact that unless timely steps are taken to 
remedy the situation, there is an eminent danger of violation 
of the Constitution which we are under a constitutional, legal 
and moral duty to defend. We therefore consider it a fit case 
to refer to the Hon’ble CJP to invoke the suo motu jurisdiction 
Civil Petition No.3988 of 2022  
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of this Court under Article 184(3) of the Constitution, who 
may if he considers appropriate after invoking jurisdiction 
under the said Article constitute a Bench to take up the 
matter. Let the office place this file before the Hon’ble CJP for 
appropriate orders. 
 
9. 
 
To the extent of Civil Petition No.3988 of 2022 
alongwith all miscellaneous applications, the matter shall be 
taken up tomorrow i.e. 17.02.2023.  
 
 
Judge 
 
Islamabad  
16.02.2023 
ZR */ 
Not approved for reporting  
Judge 
 
