K-P LG polls back on schedule as SC suspends PHC ruling

Justice Malik says PHC should have heard ECP’s position before giving verdict

ISLAMABAD:

The Supreme Court on Wednesday suspended a decision of the Abbottabad bench of the Peshawar High Court (PHC) that had ordered the postponement of the second phase of the local government election in Khyber-Pakhtunkhwa.

A two-member bench, comprising Justice Ijazul Ahsan and Justice Ayesha Malik, announced the decision after hearing a petition filed by the Election Commission of Pakistan (ECP). The court also issued notices to all involved parties.

Earlier this month, the Abbottabad bench postponed the next phase of the local elections, which have been scheduled for March 27. The court had directed the polls supervisor to hold the elections after the holy month of Ramazan, keeping in view the inclement weather forecast for the next month.

During the hearing on Wednesday, ECP’s lawyer informed the court that the elections were postponed in all 18 districts, while the plea in the court had sought postponement only in five districts. The bench was also informed that the PHC postponed the elections without listening to the ECP’s stance.

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The ECP lawyer further stated that the notice for the hearing in the PHC on February 1 was received on February 2. By the time the notice was received by the ECP, the PHC had already postponed the local bodies elections, the lawyer added.

Justice Malik maintained that the PHC should have heard the ECP’s position before giving its verdict. She further observed that it was not certain that weather conditions in Khyber Pakhtunkhwa would hinder the electoral process.

Justice Ahsan stated that the report of the Meteorological Department was supposed to be reviewed by the Election Commission and not by the court. He further asked why the PHC was in such a “hurry” to make its decision.

The local bodies elections in the province are being held in two phases. Voting in the first phase of the elections, covering 17 districts, was held on December 19, 2021. The second phase was originally scheduled for the last week of January 2022 but the ECP delayed it until March 27.

Earlier, in letters to the ECP, the Meteorological Department had forecast snowfall and heavy rains in the mountainous areas of the province in the month of March and urged the ECP to review its schedule for the polls.