ISLAMABAD: The Election Commission of Pakistan (ECP), on Tuesday, postponed the local government elections in Islamabad on the request of the federal government, which was scheduled for December 31 – a move which prompted the opposition political party, Pakistan Tehreek-e-Insaf (PTI) to announce challenging it in a court of law.
A five-member bench of the ECP, headed by Chief Election Commissioner (CEC) Sikander Sultan Raja, announced its verdict which the bench had earlier reserved after hearing all the parties concerned, postponing the local government elections on the request of Pakistan Democratic Movement (PDM) ruling coalition, citing the new law aimed at increasing the union councils in the federal capital due to increase in the population of the city.
“Keeping in view the legal provisions and the judgment of the Hon’ble High Court, Islamabad dated 23/12/2022 regarding the subject matter. Local Government Election in ICT scheduled to be held on 31/12/2022 is hereby postponed for the time being,” the ECP said in a short order.
Earlier, during the hearing, former attorney general Ashtar Ausaf, representing the federal government, told the bench that union councils have been increased in Islamabad based on the rising population of the capital city. He said that the census bureau has also been informed about the increase in Islamabad’s population. Therefore, the ECP should look into the matter based on the increase in the population.
He also told the bench that the Islamabad High Court (IHC) has also recognized the increase in population but authorized the Election Commission to take the final decision after listening to the government’s point of view. He pointed out that in the past elections were postponed even after the announcement of the polls’ schedule. “The Election Commission has to decide according to the constitution and the law,” the government counsel said, adding that the ECP cannot deprive citizens of the federal capital of their fundamental rights. He also stated that the Parliament has passed legislation increasing the number of union councils, adding that ECP must conduct delimitation in Islamabad in light of the new law.
In his remarks, CEC Raja questioned as to whether the census report had been published. He also stated that the delimitation of constituencies was done for Islamabad twice while in Punjab where the exercise was done twice and is now being done for the third time. “Why didn’t the government realize at the right time to increase the UCs,” the CEC asked, adding that the UCs were increased once the election schedule was issued and that the government has put the ECP in a difficult situation.
On this, the government lawyer responded that a “mistake” was made and that the ECP should provide assistance.
In his response, the CEC reminded the government’s counsel that “mistake is made once and not again and again”. He added that the ECP fears that the government may change the UCs again, adding it needs to stop this practice at some point.
On this, the government lawyer assured the bench that there will be no changes in the law.
The CEC, however, referred to Article 148 of the Constitution, saying that the elections are to be conducted according to local law. “Now, if that law is changed, then what should be done? There should be legislation binding the authorities to hold elections on time,” he further remarked, adding that the ECP also faced similar resistance in provinces over the local government elections.
Former Justice Ikramullah Khan, a member of the bench, remarked that general elections are also supposed to be held, and wondered as to what would happen to the future of local government polls.
PTI’s lawyer Babar Awan, in his arguments, told the bench that the president has not yet signed the bill into law, adding that the president may send the bill back to the Parliament within 10 days with objections while backing the ECP’s views on the local government elections. He also accused the government of misleading the ECP, adding that if the president signs the bill then the law can be challenged in a court of law. He argued that even if a new law is made then elections are to be held under the previous law as per Article 264.
Jamaat-e-Islami (JI)’s counsel Hassan Javed also opposed the postponement of the local government elections, saying that the people of Islamabad have been deprived of representation for the last two years.
After hearing the arguments, the bench reserved its verdict before issuing a short order, postponing the polls in Islamabad “for the time being”. However, no new date for the elections was mentioned in the short order.
Copyright Business Recorder, 2022
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