ISLAMABAD: The Islamabad High Court (IHC) set aside the Election Commission of Pakistan (ECP)’s notification rejecting the Federal Government’s decision to increase the Union Councils in Islamabad Capital Territory from 101 to 125.
The bench further directed the ECP to take a fresh decision in this regard after hearing the perspective of the federal government.
A single bench of Chief Justice Aamer Farooq on Friday announced its reserved verdict on different petitions regarding holding of LG polls in the federal capital.
The verdict said since the discrepancies pointed out in the voters list and the grievance raised in the first category of the case seems to be plausible and bona fide; hence, ECP is required to look into the matter and turning a blind eye would be tantamount to flouting the spirit of the Constitution and Election Act, 2017.
He mentioned that the petitions before this Court can be divided into two categories; in one set the petitioners are candidates for the elections for local bodies in Islamabad Capital Territory or voters of different Union Councils and are aggrieved of the voter list prepared and finalised by the ECP.
It further stated that in the second category the petitioners have challenged order dated 20.12.2022 issued by ECP, whereby, it has rejected the decision of the federal government to increase the Union Councils in Islamabad Capital Territory from 101 to 125; in Writ Petition No 4799/2022 and WP No 4824/2022 the petitioners seek holding of elections notwithstanding the increase in number of Union Councils.
The IHC CJ said that the first category of the petitions are converted into representation and are remitted to ECP to consider the grievance of the petitioners with expectation to decide the same in accordance with law after providing opportunity of hearing.
Justice Aamer said, “Insofar as the second category of case is concerned regarding setting aside of impugned order dated 20.12.2022 the Commission before passing the same ought to have heard the perspective of the federal government regarding enhancement of number of Union Councils and do the needful accordingly as it has done in W.P. No.4736 /2022 15 past. The Court expected that the Commission would consider the contention of the petitioners in light of the then notification of the Federal Government under Section 6 of the Act of 2015 and consider the extending date for filing of nomination papers.”
The judgment said that the ECP 20.12.2022 order is not sustainable and in the interest of justice and keeping in view the mandate of Commission under Article 218(3) of the Constitution and other provisions it is only expected that the matter shall be considered holistically and the needful be done in light of the relevant law.
It further said that the Commission is expected to consider the issue of enhancement in number of Union Councils afresh after providing opportunity of hearing to all concerned.
Copyright Business Recorder, 2022
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