ISLAMABAD: The Supreme Court suspended the Peshawar High Court’s (PHC’s) verdict to postpone the second phase of Local Government elections in Khyber-Pakhtunkhwa.
A two-judge bench, headed by Justice Ijazul Ahsan and comprising Justice Ayesha Malik, on Wednesday, heard an appeal of the Election Commission of Pakistan (ECP) against the PHC’s decision and issued notices to the respondents. Advocate Afnan Karim Kundi, representing the ECP, argued that the PHC’s Abbottabad bench, without hearing them, postponed the LG elections schedule, adding, and the notice for February 1 hearing was received on the 2nd February.
He said by the time notice was received, the PHC had already postponed the elections.
Kundi said the petition was filed to postpone LG polls in five districts, but the high court postponed the second phase of LG polls in 18 districts.
The counsel for the complainant informed that due to weather conditions elections could not be held on March 27.
Postponement of LG polls in KP: ECP requests SC for an early hearing of an appeal filed by it
Justice Ayesha remarked that the PHC should have heard the ECP before deciding the matter.
She said it is not confirmed that the weather conditions can delay the elections in the KP.
Justice Ijaz said the ECP has to examine the Meteorological Department’s report and not the PHC. He said why the PHC judge passed the order in a hurry. The PHC Abbottabad Bench on February 4 had postponed the next phase of the LG elections. The high court had directed the electoral body to hold the elections after Ramazan, keeping in view the harsh weather forecast for next month. The court had also suspended the ECP notification dated January 20, 2022, regarding holding of the second phase of the local body polls in 18 districts of K-P on March 27, 2022.
The PHC’s Abbottabad bench issued the directions while hearing a petition filed by a citizen who contended that various districts in the province would be shut by heavy snow in March, following which the voters would struggle to reach polling stations under severe cold and through snow-covered roads.
The ECP had on January 20 announced the schedule and a code of conduct for the second phase of local government elections in 18 districts of the province. The first phase of elections was held in 17 districts on December 19.
The PHC’s bench directed the authorities to ensure law and order situations and weather conditions were normal in areas where polls were to be held.
It noted the ECP failed to take decisive action despite, various letters written by the provincial government and reports submitted by the Meteorological Department to the ECP for postponement of the second phase of polls in the disturbed area(s). The court also explained in its order that “there should be a set of laws and rules containing provisions with respect to all matters related to, or in connection with the election.”
The PHC said it was of the view that fair, free, and transparent elections were not possible in the disturbed areas.
The case was adjourned until February 14.
Copyright Business Recorder, 2022
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