IHC issues notice to ECP on Islamabad LG polls’ postponement

ISLAMABAD      –    The Islamabad High Court (IHC) Wednesday issued notices to the Election Commission of Pakistan (ECP) and others in a petition challenging its notification to postpone the local government’s elections in the federal capital.

A single bench of IHC comprising Justice Arbab Muhammad Tahir conducted hearing of the petition moved by Ali Nawaz Awan through his counsels. The IHC bench said in its written order that the points raised in the petition need consideration. It added that the office is directed to issue notices to the respondents for Thursday (today).

In this matter, the petitioner assailed order of the ECP dated 27-12-2022, whereby the Local Government Election in Islamabad Capital Territory scheduled for 31-12-2022, have been postponed. The petitioner’s counsel stated that earlier in exercise of powers conferred under sub-section (1) of section 6 of the Islamabad Capital Territory Local Government Act, 2015 (‘Act of 2015’) issued notification, dated 19-05-2015, whereby determining the number of Union Councils as 50. The said notification was subsequently withdrawn on 18-05-2021 without issuing a new notification.

He added that in compliance with the judgment, dated 15-03- 2021, of the august Supreme Court, the Election Commission of Pakistan on 02-06-2022 announced the election schedule relying on the earlier notification of 50 UCs.

He further said that on a writ petition, filed before this Court, the ECP expressed willingness for conducting elections. The said petition was disposed off with the observation that the Commission would complete the process of delimitation of 101 Union Councils within the period specified under section 7 of the Act of 2015.

The petitioner said that after fresh delimitation exercise, the number of union councils was increased to 101. Thereafter the Commission announced the election schedule for 31-12-2022 and on 18-12- 2022; a summary was forwarded to the federal cabinet mentioning that the Local Government administrator informed that the number of UCs has been determined on the basis of census 2017 and recommended increase of UCs to 125 on the ground of increase in the population of ICT . He continued that based on the said summary, the number of UCs has been increased to 125 vide notification, dated 19-12-2022. A copy of this notification was endorsed to the Commission. On 20-12-2022, the Commission in exercise of powers under Article 140-A (2), Article 218(3), Article 219(d) and Article 222 of the Constitution read with section 219 of the Election Act, 2017 and all other enabling provisions decided to continue with the election process.

However, to the utter surprise of the petitioner, the Commission decided to postpone the elections scheduled for 31-12-2022 without mentioning any timeline for conducting election through the impugned order.

The counsel informed that almost Rs 600 million have been incurred on arrangements for the scheduled elections. The counsel argued that the proposal that population in the ICT has increased after the census is hypothetical and not based on actual facts. He further argued that election schedule was announced, ballot boxes and ballot papers were distributed, orders relating to elections duties were passed; however, the election schedule was postponed at the verge of the elections, which is violative of judgment of the august Supreme Court and this Court and the rights of the inhabitants of ICT.

Article source: https://www.nation.com.pk/29-Dec-2022/ihc-issues-notice-to-ecp-on-islamabad-lg-polls-postponement