IHC issues notices to AGP, seeks response from respondents

ISLAMABAD    –    The Islamabad High Court (IHC) on Thursday issued notices to the Attorney General for Paki­stan (AGP) in a petition chal­lenging the vires of Islamabad Capital Territory Local Govern­ment Act, 2015 related to allo­cation of the reserved seats to Youth and Technocrat members in union councils as well as Met­ropolitan Corporation.

A single bench of IHC com­prising Justice Mohsin Akhtar Kayani conducted hearing of a petition moved by Muhammad Qatada Jamal Khan Advocate and cited federation of Pakistan through Secretary Ministry of Law and Justice, Secretary Min­istry of Interior and Chief Com­missioner ICT as respondents.

The IHC bench issued notic­es to the respondents and di­rected them to submit their response in this matter. After is­suing aforementioned direction, the court deferred the hearing till January 24, 2023 for further proceedings in this matter.

In his petition, the petitioner impugned Section 11, 12 of Is­lamabad Capital Territory Local Government Act, 2015 and Rule 39 as well as FORM-II (A) and FORM-II (C) in consequence to RULE 12 Islamabad Capital Ter­ritory Local Government (Con­duct of Election) Rules, 2015 (and all such other provisions in the Act and Rules, as are con­nected therewith) to the extent of the allocation of reserved seat of Youth and Technocrat mem­bers in union councils as well as Metropolitan Corporation.

He adopted the stance that consequent to the devolution of powers and directions of the Constitution of Islamic Repub­lic of Pakistan, 1973 ICT Lo­cal Government Act, 2015 was promulgated and subsequently the rules thereunder, including ICT Local Government (Conduct of Election) Rules, 2015 were made to formulate and govern as well as to regulate the Local Government and its affairs in the Islamabad Capital Territory.

He further said that the com­position of the local govern­ment was described in Chap­ter IV, Section 10 of the Act which states that the Local Gov­ernment shall consist of union councils and Metropolitan Cor­poration. He added that while in composition of union coun­cil as provided in section 11 of the Act, certain Reserved Seats for women, peasant or worker, Youth and non-Muslim are allo­cated as members of the union council.

The petitioner submitted that, allocation of the reserved seats to Youth and Technocrat mem­bers in ICT Local Government Act, 2015, as provided in the im­pugn Sections 11, 12 of the Act, may please be declared against the basic frame work of the Con­stitution and Rule 39 as well as FORM-II (A) and FORM-II (C) in consequence to Rule 12 of ICT Local Government (Conduct of Election) Rules, 2015 (and all such other provisions in the Act and Rules, as are connect­ed therewith) to the extent of the allocation of Reserved Seat of Youth and Technocrat mem­bers in Union Councils as well as Metropolitan Corporation may please be declared as ul­tra-varies and against the spir­it, essence and ideology of the Constitution and the same are needed to be declared as repug­nant to the Constitution as well as void and of no legal effect so as to bring the impugned leg­islation in conformity with the Constitution of Islamic Republic of Pakistan, 1973

Article source: https://www.nation.com.pk/02-Dec-2022/ihc-issues-notices-to-agp-seeks-response-from-respondents