ISLAMABAD: The Islamabad High Court (IHC) on Friday directed the Election Commission of Pakistan (ECP) to hold local body elections in the capital on December 31 (tomorrow).
Islamabad High Court Justice Arbab Muhammad Tahir allowed the petitions of Pakistan Tehreek-e-Insaf (PTI) and Jamaat-e-Islami (JI) seeking to annul the ECP’s decision to postpone the local body elections. was
In its brief one-page order, the high court asked the federal government to ensure that it “assists the Election Commission in conducting local government elections”.
“The Home Ministry’s notification dated December 19 is null and void and similarly the Election Commission’s notification dated December 27 is also null and void,” the order added.
The election was postponed by the Election Commission after the federal government increased the number of Union Councils (UCs) in the capital without taking the former into confidence.
Before reserving the verdict, the court had expressed its displeasure at the attitude of the federal government. “We are disappointed with the government [lack of involvement],” the court said.
Today’s hearing
At the start of today’s hearing, Additional Attorney General of Pakistan Manoor Iqbal Dogal told the court that the federal government and ECP officials held a meeting earlier in the day.
“Due to paucity of time, we could not take into consideration the comments,” the AAG said, prompting the court to question whether the federal government was so incompetent that it could not send its reply to the petition.
In response, Dagal said that even if the government prepares a response, it cannot be taken forward without the approval of the Ministry of Law and Justice.
The judge then asked what was the reason for increasing the number of UCIs 12 days before the elections and also questioned whether the government could promise to hold the elections or not.
“It is the discretion of the government whether it wants to hold elections,” the AAG said, prompting the court to ask how often that power has been exercised in 2022.
AAG told the court that force has been used twice this year.
Islamabad Advocate General Jahangir Jadoon then started his arguments and questioned the conduct of PTI leader Ali Nawaz Awan, one of the petitioners.
“The petitioner should review his conduct and so should the court. Ali Nawaz Awan is a member of the National Assembly, but he is not playing his role there.”
Jadoun said that for the transfer of powers, Awan should attend the sessions of the lower house.
In his arguments, the DG Election Commission (Law) told the court that the commission has taken many steps to conduct local body elections.
On this, Justice Tahir asked the official to tell the court what action the ECP has taken since June 30.
“We have announced the schedule for local body elections on December 31. Printing of ballot paper and training of polling staff have been completed,” the DG told the court.
Justice Tahir asked DG Election Commission that what is the distance of the farthest polling station from your office? “Can’t you get the polls done now?” When the court questioned the DGECP, he replied that it is possible to hold local body elections in 7 to 10 days.
He further said that the ballot papers were provided to the polling stations two days before the polling while security arrangements also need to be taken care of.
Justice Tahir remarked that security arrangements are in place at all times in Islamabad.
Justice Tahir said that if the elections are not held, the polling material will be lost and who will be responsible for it? DGECP replied that whoever issued the notification will be responsible.
Plea
PTI leader Ali Nawaz Awan and Jamaat-e-Islami yesterday filed a petition in the IHC seeking annulment of the ECP’s decision to postpone local body elections in Islamabad.
Wp …….2022 Alii Nawaz A… by Khawaja Burhan
The petitioner made the Cabinet Secretary, Interior Secretary and Election Commission of Pakistan parties in the petition.
Chief Election Commissioner Sikandar Sultan Raja, Metropolitan Corporation and District Election Commission were also made parties.
According to Awan, the order “is in violation of Article 75 (3) of the Constitution”.
The conflict
As the local body elections were scheduled to be held on December 31, the federal government had earlier this month approved the summary of increasing the number of union councils in the federal capital from 101 to 125.
The summary states that the Administrator of Metropolitan Corporation Islamabad – Deputy Commissioner – has stated that the current number of Union Councils is 101 based on the 2017 census.
However, since the population of Islamabad has increased to 205 million in the last five years, it is appropriate to increase the number of union councils to 125.
It states that Sections 4 (1) and 6 (1) of the Islamabad Capital Territory Local Government Act, 2015 empower the Federal Government to, by notification published in the Official Gazette, determine the number of Union Councils within Islamabad. Determine.
But after that, the Election Commission issued an order to continue the process of holding local elections in the federal capital, saying that union councils were increased in violation of the relevant law.
In its two-page order, the ECP said the government took this step without the approval of the Election Commission, which was required under Section 4(4) of the Islamabad Capital Territory Local Government Act, 2015.
The ECP, in its order, said that the Commission would now exercise its powers under Article 140-A(2), Article 218(3), Article 219(d) and Article 220 of the Constitution to amend the operative provisions of the law. Reads along. Thus, it has been decided to continue the election process on the scheduled date.
Following the ECP’s order, the government passed the Islamabad Capital Territory (ICT) Local Government (Amendment) Bill, 2022 and also passed it in the Senate – but it has not yet been signed by the President.
Then, the IHC set aside the ECP’s order to proceed with the election and asked the election body to hold a hearing and invite all the parties in the case to hear them.
After the hearing on Tuesday, the ECP decided to delay the elections. But then, PTI and JI approached the court against him.
