The Election Commission of Pakistan (ECP) Monday moved the Supreme Court challenging ruling of a single-member bench of the Lahore High Court (LHC) Rawalpindi who had issued directives for afresh delimitation of 21 Union Councils in Rawalpindi district on October 08, 2015. Seeking leave to appeal against the verdict under Article 185(3) of the Constitution, the ECP counsel raised a number of legal questions over the judgement issued by the LHC Rawalpindi bench.
The LHC Rawalpindi' bench has said in its order that after analysing the relevant provisions of the Local Government Act,2013, the court has no doubt that it falls outside the scope, range of the powers and functions of the Election Commission, a delimitation officer or a delimitation authority to create or abolish a Union Council
The court further ruled that the ECP and Delimitation Authority have exceeded their powers and jurisdiction in the current matter. "Consequently, the process of delimitation resulting in the creation or extinguishment of the Union Councils is to be carried out afresh to bring it in accord with the law - The Election Commission shall announce fresh election schedule after undertaking and completing the proceedings of delimitation", the LHC said in its order.
The ECP made 21 respondents in the matter on the grounds that the learned single judge of the LHC misinterpreted the provisions of Chapter II and III of the Punjab Local Government Act, 2013. The ECP further submitted the LHC wrongly recorded a finding that despite the bar in Section 10-A of the Punjab Local Government Act 2013 the High Court has the jurisdiction to review or correct the de-limitation of a Union Council.