ISLAMABAD: The Islamabad High Court (IHC) has issued notices to the Election Commission of Pakistan (ECP) and others in a petition challenging its notification to postpone the local bodies elections in the federal capital.
IHC Justice Arbab Muhammad Tahir conducted hearing of the petition moved by Ali Nawaz Awan through his counsel Sardar Taimoor Aslam Khan Advocate.
The IHC bench said in its written order that the points raised in the petition need consideration. It added that the office is directed to issue notices to the respondents for Thursday (today).
The court order said, “Notice to the learned Attorney General for Pakistan is also directed to be issued. The respondents are also directed to assist as to why the amount incurred on the process so far, for conduct of elections, may not be recovered from members of the Federal Cabinet. The respondents are also directed to satisfy this Court as to why the impugned order should not be suspended, pending final disposal of the instant petition.”
The counsel informed that almost 600 million have been incurred on arrangements for the scheduled elections.
In this matter, the petitioner assailed order of the ECP dated 27-12-2022, whereby the Local Government Election in Islamabad Capital Territory scheduled for 31-12-2022, have been postponed.
The counsel for the petitioner while explaining the brief back ground of the matter has stated that earlier in exercise of powers conferred under sub-section (1) of section 6 of the Islamabad Capital Territory Local Government Act, 2015 (“Act of 2015”) issued notification, dated 19-05-2015, whereby determining the number of Union Councils as 50. The said notification was subsequently withdrawn on 18-05-2021 without issuing a new notification.
He added that in compliance with the judgment, dated 15-03- 2021, of the august Supreme Court, the Election Commission of Pakistan (“ECP”) on 02-06-2022 announced the election schedule relying on the earlier notification of 50 UCs.
He further said that a writ petition i.e. W.P. No.2235/2022 was filed before this Court wherein the ECP expressed willingness for conducting elections and filed a report categorically stated that direction may be issued to the Federal Government not to bring out further changes in law and number of councils. The said petition was disposed-of with the observation that the Commission will complete the process of delimitation of 101 Union Councils within the period specified under section 7 of the Act of 2015.
The petitioner said that after fresh delimitation exercise, the number of Union Council was increased to 101. Thereafter the Commission announced the election schedule for 31-12-2022 and on 18-12- 2022, a summary was forwarded to the Federal Cabinet mentioning that the Administrator Local Government has informed that the number of UCs has been determined on the basis of census 2017 and recommended increase of UCs to 125 on the ground that the population of ICT has been increased.
He continued that based on the said summary, the number of UCs has been increased to 125 vide notification, dated 19-12-2022. A copy of this notification was endorsed to the Commission. On 20-12-2022, the Commission in exercise of powers under Article 140-A(2), Article 218(3), Article 219(d) and Article 222 of the Constitution read with section 219 of the Election Act, 2017 and all other enabling provisions decided to continue with the election process on the ground that notification dated 19-12- 2022 was issued without concurrence of the Commission as required under section 4(4) of the ICT Local Government Act, 2015.
However, to the utter surprise of the petitioner, the Commission while affording an opportunity to the applicants/petitioners in W.P. No.4787/2022 and 4809/2022 decided to postpone the elections scheduled for 31-12-2022 without mentioning any timeline for conducting election through the impugned order.
The counsel for the petitioner contended that the Commission cannot retract from its earlier commitment which was recorded in the order passed in W.P. 2235/2022. He further argued that the Commission vide order, dated 20-12-2022, had decided to continue with the election process on cogent reasons and no new development has occurred after passing of the said order.
He argued that any Bill proposing amendments in any law cannot be termed as an Act of Parliament unless assented to by the President under Article 75(3) of the Constitution, however, the Commission in the impugned order has placed reliance on the proposed amendments, which has not yet attained the status of a law of the land.
The counsel argued that determination of 101 UCs was based on the census of 2017 and no new census has been conducted thereafter, therefore, the proposal that population in the ICT has increased after the census is hypothetical and not based on actual facts and the notification issued on such basis is without lawful authority and jurisdiction.
He further argued that election schedule was announced, ballot boxes and ballot papers were distributed, orders relating to elections duties were passed, however, the election schedule was postponed at the verge of the elections, which is violative of judgment of the august Supreme Court and this Court and the rights of the inhabitants of ICT.
