ECP’s five-member bench cancels schedule to hold local government elections in Islamabad
ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday cancelled the time table to keep the neighborhood government elections in the federal capital, postponing the polls slated for December 31, after a trade in the union councils of the capital territory.
The electoral body last week issued an order to continue the procedure of retaining nearby authorities elections within the federal capital, announcing that the union councils were improved in violation of the related regulation.
Today, the ECP introduced the decision of deferring the LG polls after a 5-member bench reserved its verdict on the nearby body elections.
At the outset of the hearing, former lawyer trendy Ashtar Ausaf — who’s representing the authorities inside the case — knowledgeable the bench that the decision to boom the union councils in the federal capital became based totally on an increase in populace.
At this, Chief Election Commissioner (CEC) Sikander Sultan Raja requested whether the census record were posted.
Suggesting the electoral frame to inspect the upward push in Islamabad’s populace, Ausaf maintained that the census bureau had notified the population growth.
“The Islamabad High Court also known the growth in population but accredited the Election Commission to take the final decision after being attentive to the authorities’s point of view,” Ausaf informed the bench.
“In the beyond, even after the agenda become released, elections have been postponed. The Election Commission has to decide according to the constitution and the law,” said Ausaf, including that the ECP can not deprive residents in their fundamental rights.
The lawyer additionally instructed the bench that the federal authorities has exceeded a regulation on the increase of union councils, adding that ECP have to redistribute constituencies in Islamabad.
Meanwhile, a member of the ECP wondered why there has been a sudden increase inside the populace in six months.
The attorney knowledgeable that the authorities reviewed NADRA’s statistics.
However, CEC Raja said that the delimitation of constituencies changed into completed for Islamabad two times. He also gave the instance of Punjab where the exercise become done two times and is now being performed for the 1/3 time.
“Why did the government not recognise at the right time to boom the UCs,” asked CEC Raja. He added that UCs have been increased as soon as the election agenda become issued, announcing that the government had put ECP in a hard state of affairs.
“If a mistake is made then the fee must provide help,” spoke back Ausaf. However, CEC Raja reminded the recommend that a mistake is made once no longer time and again.
“In Article 148 of the Constitution, it is written that elections are to be performed according to the nearby law. Now, if that law is changed, then what ought to be accomplished? There have to be any such rules that neighborhood government elections are held on time,” remarked CEC. He added that ECP also confronted resistance in provinces over neighborhood authorities elections.
Meanwhile, Justice (retd) Ikramullah Khan, a member of the bench, remarked that standard elections also are supposed to be held, and questioned what could show up to the future of neighborhood body elections.
On the alternative hand, CEC Raja said that ECP fears that the government might also trade the UCs again, adding that the government has to prevent this sooner or later.
On this, Ausaf confident the ECP bench that there can be no adjustments in the regulation and wrapped up his arguments.
Babar Awan’s arguments
Meanwhile, PTI’s legal professional Babar Awan informed the bench that ECP has already issued the schedule and elections are imagined to be held on December 31, reminding that the regulation has been changed two times.
Awan stated that the ECP changed into being misled by using the authorities.
“The president has not but authorized the bill,” said Awan, including that the president may additionally send returned the invoice to parliament within 10 days with objections while backing the ECP’s perspectives at the neighborhood frame elections.
The PTI counsel also said that if the president signs and symptoms the invoice then the law can be challenged in courtroom, including that underneath Article 264 even though a regulation is made then elections are to be held underneath the previous law.
The PTI counsel, while wrapping up his arguments, urged the bench to permit the polls occur on December 31.
Ji’s counsel’s arguments
Moving on Jamaat-e-Islami’s (JI) counsel Hassan Javed reminded the bench that the human beings of Islamabad were deprived of illustration considering that two years.
He told the bench that his birthday celebration’s stance changed into that it become standing with the ECP. He added that IHC in its order did now not assignment ECP’s order.
“The high courtroom did now not declare the authority, opinion or selection of the Election Commission as incorrect. It only said that those events have been no longer heard, take a decision after listening to them, “said JI’s legal professional.
After being attentive to all the parties, CEC Raja, while wrapping up the argument, remarked that the voter listing has no hyperlink with the election time table. He also requested Ashtar Ausaf whether the president had ratified the invoice related to the local bodies.
While another member introduced that they had constantly heard that when the president signs a invoice then it’s far became law.
However, Ausaf said that the law is also one that is made by way of the parliament.
The bench after listening to all of the arguments reserved its verdict inside the case.