Law: Elections Act, 2017

Section: 230

(a) Elections Act (XXXIII of 2017)--- ----S.230---Care-taker Government, functions/ powers of---Scope---Provincial Law Officers---Removal from service by Provincial Caretaker Government---Legality---Caretaker Government of the Province removed the petitioners from their services (as law officers) vide notifications without any notice, and appointed the respondents on such vacancies on the same date---Question in the present case was whether S.230 of Elections Act, 2017, gave unfettered powers to Caretaker Government for removing/terminating a permanent/contractual employee---Held, that Caretaker Government would enjoy limited powers of administrative continuity within available resources while preventing any major decision from being taken---Petitioners were removed from their seats without assigning any reason and appointed respondents on same date while two of the Additional Advocate Generals were retained---Emergency/short-term appointments had to be made as to temporarily fill vacancies when department had an emergency and such vacancies were not expected to be filled immediately in prescribed manner---Caretaker Government was not vested with power of removal/dismissal/termination/reduction in rank---Removing the petitioners from their respective offices was mala fide exercise of powers and was contrary to the mandate of the statute---High Court allowed the Constitutional petition declaring impugned Notifications void ab-initio and non est in eye of law. (b) Elections Act (XXXIII of 2017)--- ----S. 230---Caretaker Government, powers of---Scope---Section 230 of Elections Act, 2017 empowers a Caretaker Government only to execute the routine functions of Government making sure that the country does not come to a standstill position in the time between dissolution of the Parliament till the new elected Government is formed. Sardar Nasir Aslam, Sardar Aman Khan and Syed Sikandar Hayat Shah for Petitioners. Abdul Samad Khan, Advocate General, Khyber Pakhtunkhwa for Respondents. hearing date: 24th July, 2018. JUDGMENT: MUSARRAT HILALI, J.---Petitioners, Raja Muhammad Zubair and others, through the instant petition under Article 199 of the Constitution of Islamic…

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