ECP, govt challenge IHC order to hold LG polls in Islamabad today

The Election Commission of Pakistan and federal government on Saturday filed intra-court appeals against the decision of Islamabad High Court single bench directing the commission to hold the local government elections in the capital city today (Dec 31), reported 24NewsHD TV channel.

In their intra-court appeals, the ECP and federal government requested to annul the order of the IHC issued on Dec 30. They said the decision of the single bench does not fulfil the requirements of law and justice and is against the ground realities. 

In its appeal, the federal government stated that the single bench did not even consider the position of the ECP while announcing its decision that the election commission is a constitutional, and not an executive institution. 

It further stated that the single bench court did not allow proper time to the federal government so that it could submit its reply. 

The ECP made Jamaat-i-Islami’s Mian Aslam and Ali Nawaz Awan respondents in its plea while the federal government made JI’s Aslam, Ali Nawaz, election commission, chief election commissioner, and MCI parties to the case.

Earlier, the IHC registrar office raised an objection to the appeal of the ECP saying that some documents were missing in the intra-court appeal of the election commission. 

However, the ECP removed the registrar’s objection and the diary numbers were allotted to the intra-court appeals of both the ECP and the federal government. 

The appeals have been sent to the registrar’s office for marking. 

The Islamabad High Court in its order yesterday, directed the ECP to hold the local bodies’ elections in the federal capital on December 31 and set aside the commission’s notification on the postponement of the polls.

In the detailed judgement released on Saturday morning, Justice Arbab Muhammad Tahir remarked that it was the primary responsibility of the federal and provincial governments to ensure local body system in the country. He ruled that neither there could be any deviation from the constitutional provisions in this regard nor any leniency could be warranted. The federal government's conduct was a clear violation of the law, the judge added.

The election commission held an emergency meeting last night under the chair of DG Law and the meeting concurred that it was difficult to hold LG elections at a short notice.

The court announced its verdict on Friday evening and there was very little time left for the election commission to prepare for the polls the very next morning. Besides this, most of the polling staff is out of capital city to enjoy their holidays as Saturdays and Sundays are closed and their children are also having their winter holidays in schools and colleges. 

Sources said that it was decided in the meeting that the ECP would file an intra-court appeal against the Islamabad High Court decision. 

After the IHC verdict yesterday, the federal government too refused to provide security for polling stations at short notice. 

Interior Minister Rana Sanaullah said on Friday the federal government was not in a position to hold local government elections in Islamabad.

"We respect the court [Islamabad High Court], but holding the elections is not possible as the arrangements cannot be made in such a short period," he told a private TV channel during an interview.

“We had decided to call in the Rangers and Frontier Corps [...] there are at least 1000 polling stations that need to be provided security," he added.

The minister also said that after the new bill was passed in Senate (in which number of Islamabad UCs has been increased), a delimitation process had to be conducted in the city which would take at least take three to four months.

IHC issues detailed judgement

The Islamabad High Court’s Justice Arbab Muhammad Tahir also issued on Saturday morning the detailed judgement consisting of 11 pages in the local government elections case.

In the judgement, Justice Arbab Muhammad Tahir remarked that it was the primary responsibility of the federal and provincial governments to ensure local body system in the country.

The IHC judge ruled that neither there could be any deviation from the constitutional provisions in this regard nor any leniency could be warranted.

The judgement says the ECP had announced the election schedule but raised the number of union councils just 12 days before the voting, but neither provided any solid grounds nor gave any clear-cut statement about its decision.

The court ruled that the federal government’s conduct was in conflict with the law.

The detailed judgement says rendering the LG system toothless was also a violation of Article 140-A. Courts should strike down such steps, the judge added.

Reporters Usman Khan and Farzana Siddique