Islamabad LG ordinance declared null and void

IHC directs holding of local body elections under Local Govt Act 2015

ISLAMABAD:

The Islamabad High Court (IHC) on Wednesday annulled the Islamabad Local Governance Ordinance 2021.

IHC Justice Mohsin Akhtar Kayani, on petitions filed by former Union Council chairman Sardar Mehtab, the Capital Development Authority trade union and CDA Officers Association, ordered the authorities concerned to hold local bodies elections under the Local Government Act 2015. The ordinance, which had been promulgated by President Arif Alvi, was challenged in court through various petitions.

Last year, the ordinance was challenged in the high court through various petitions which raised questions about the future of elected representatives in the presence of the Local Government Act, limiting the role of the chairman by introducing a new local government system through an ordinance and in the absence of a formal law under it.

During the proceedings, Barrister Omar Ijaz Gilani, Qazi Adil, Kashif Malik and other lawyers had presented arguments on behalf of the petitioners The public prosecutor also prayed that the parliamentary session ended on November 19 whereas the ordinance was issued on November 23.

The court declared the ordinance null and void and said that local body elections should be held under the Local Government Act 2015.

The petition also raised objections to limiting the role of the chairman in the Local Government Ordinance. The future of the elected representatives was also questioned as the ordinance could not become a formal law.

The petitioners had maintained that the task of the CDA was planning and development whereas in the new law all development directorates have been taken away from the civic agency which was unconstitutional. y issuing the new ordinance.

Meanwhile, the Election Commission has decided to hold the local body elections in Islamabad under LG Act 2015.

The Election Commission has issued instructions for preparations for the local bodies elections. The decision was taken at a meeting chaired by the Chief Election Commissioner.

In this regard, the Election Commission has directed that immediate steps be taken to ensure deployment of zoning committee and zoning authority and completion of zoning in the shortest possible time so that local government elections in Islamabad are held soon.

 

Published in The Express Tribune, March 17^th, 2022.