NABILA HAKIM ALI KHAN vs GOVERNMENT OF THE PUNJAB S — 2025 PLC(CS) 1354 LAHORE-HIGH-COURT-LAHORE

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NABILA HAKIM ALI KHAN VS GOVERNMENT OF THE PUNJAB S. 7 (6) [as amended under Protection against Harassment of Women at the Workplace (Amendment) Act, 2021]---Elections Act (XXXIII of 2017), S. 230---Election Rules, 2017, R. 170 (1)---Constitution of Pakistan, Art. 199---Constitutional petition---Tenure post---Removal---Election Commission---Jurisdiction---Caretaker Government---Limitations---Petitioner was appointed as Ombudsperson for four years but she was removed from service by Election Commission, before completion of her tenure---Validity---In absence of statutorily prescribed procedure for removal of Ombudsperson, particularly when the appointment was for a fixed term, the incumbent could not be removed from office prior to the expiration of that term, save for the universally recognized grounds of proven misconduct or incapacity, which would necessitate a due process even if not explicitly detailed within Protection against Harassment of Women at the Workplace Act, 2010---Removal of Ombudsperson was not provided under Protection against Harassment of Women at the Workplace Act, 2010, except in the case of resignation---Even if removal became necessary on grounds of proven misconduct or incapacitation, the power to take such action was logically lie with the appointing authority, i.e., the Government, following due process---Election Commission was nowhere authorized in such regard under the Protection against Harassment of Women at the Workplace Act, 2010---Primary purposes of Election Commission, as delineated in the Constitution and the Elections Act, 2017, revolves around the conduct of free and fair elections---Achieving such purposes inherently, Election Commission was not empowered to direct permanent removal of any office bearer---Nature of removal contemplated in the notification of Election Commission, the "immediate termination of services" - implied a permanent cessation of employment, which did not directly relate to the Election Commission's core function of ensuring fair elections---At the most, Election Commission's powers in relation to public officials during election period, as indicated by R. 170(1) of Election Rules, 2017, and S. 230(2)(f) of Elections Act, 2017, (regarding the Caretaker Government's limitations), extended to transfer or shuffling of public officials with the Commission's approval---Such had suggested a focus on preventing misuse of official positions to influence elections, rather than permanent removal of appointees, particularly those with a statutorily defined tenure---De-notification of petitioner by Caretaker Government of Punjab by way of notification in question was not within its lawful authority---High Court set aside notification in question issued by Government of the Punjab de-notifying services of petitioner as Ombudsperson Protection against Harassment of Women at Workplace---High Court declared notification in question to be null and void and petitioner was deemed to be in office as if the notification had not been issued---High Court directed that to ensure that future appointments to the position of Ombudsperson were beyond reproach, it would be apt to direct that the relevant authorities should, with due expediency, formulate and implement a comprehensive, transparent and merit-based appointment procedure---Constitutional petition was allowed, in circumstances.

NABILA HAKIM ALI KHAN vs GOVERNMENT OF THE PUNJAB S — 2025 PLC(CS) 1354 LAHORE-HIGH-COURT-LAHORE

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