The three judge bench of the apex court, headed by Chief Justice of Pakistan Nasirul Mulk is taking up the matter of holding of LG polls in three provinces.
SC observed that court’s directives regarding LG polls have not been implemented, adding that the federal and provincial government are continuously violating the Constitution by not holding LG polls in view of Article 140-A of the Constitution.
In its March 19 and 20 judgments, the top court gave five months to federal and provincial governments of Punjab and Sindh to carry out appropriate legislation for this purpose. The court had also directed the Election Commission of Pakistan (ECP) to ensure LG polls are held before November 15, 2014.
Article 140-A of the Constitution says, “Each province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments. Elections to the local governments shall be held by the Election Commission of Pakistan”.
The bench expressed anger over the failure of federal and Pujab & Sindh’s provincial governments to meet its four month deadline to empower ECP for carrying out delimitation.
During Friday's hearing, Additional Advocate General Sindh Qasim Mir Jutt told the bench that a draft bill had been prepared which would authorise ECP to carry out delimitation, adding that an ordinance will be promulgated in this regard within a week.
Upon this, the bench asked the Sindh AAG that the court’s judgment was issued seven months ago, why has the Sindh government failed to legislate during that period.
The chief justice lamented the fact that governments linger till fresh directives from the SC on any issue before taking the requisite steps.
If ECP carries out delimitations now, how will LG polls be held by November 15, 2014, the CJ asked.
Punjab waiting for central government to legislate
Additional Advocate General Punjab Razaq A Mirza submitted that the the Punjab government has written a letter to the federal government for carry out legislation first.
He added that after a legislation is passed in the parliament, the provincial government would carry out its legislation. “The federation has not responded so far.”
The bench observed that they had also issued directives to the federation for carrying out legislation and that they have to submit a reply in this regard.
Since 2009, no LG polls were held in Punjab or Sindh. To make matters worse, there have been no local bodies’ elections in cantonment board areas of the country since 1999.
SC annoyed over K-P government's failure to hold LG polls
Expressing his annoyance over Khyber-Pakhtunkhawa (K-P) government’s consistent failure to hold LG polls, the chief justice asked K-P 's advocate general to explain why LG polls had still not been held in the province.
AG Latif Yousufzai submitted that the SC in its detailed judgment had observed that the ECP would carry out delimitation. Therefore, the K-P government was under the impression that delimitation previously carried out by the provincial government, was illegal.
Yousufzai further explained that the ECP has yet to responded to the K-P government’s application for introduction bio metric system in LG polls as well as conducting election in three phases in the province.
Justice Mulk reminded him that the apex court had given judgment regarding Punjab and Sindh. The K-P government, in contrast, should have felt proud that their delimitation process had been completed and a notification in that regard had also been issued.
But an annoyed CJP said that instead of remaining quiet over the confusion, the K-P government should have approached the SC for clarification.
Justice Mulk told the AG that Sindh and Lahore High Courts had declared the delimitation process in their respective provinces as illegal; therefore, the top court gave judgment over the appeals against both high courts rulings. But there was no such objection on the delimitation process in K-P as no one had challenge it in the court.
Justice Ijaz Ahmad Chaudhry observed that there is an impression that provinces are not willing to hold LG polls.
The case was then adjourned until October 14.
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