IHC orders ECP to hold Islamabad LG polls today

ISLAMABAD:

The Islamabad High Court has ordered the Election Commission of Pakistan to conduct local government elections in Islamabad on Saturday (today) as per schedule, asking the federal government to assist the electoral watchdog in ensuring holding the polls.

The court cancelled the December 19 notification of the interior ministry regarding the increase in the number of union councils, while the December 27 notification of the ECP regarding the postponement of the elections was nullified.

Justice Arbab Muhammad Tahir gave a brief judgment on the petitions of the Pakistan Tehreek-e-Insaf and the Jamaat-e-Islami.

The court ordered that the LG elections be held on December 31.

During the hearing, petitioners’ lawyers Sardar Taimur Aslam and Hasan Javed Sharosh, Additional Attorney General Manoor Iqbal Dogal and deputy attorney general on behalf of the Federation, DG ECP appeared in the court along with other officials of the commission.

Earlier, the ECP had submitted a written response to the court in which it was said that they were serious about fulfilling the constitutional responsibility of holding the LG elections. “We ordered timely LG elections, which was annulled by the high court.”

It stated that under Section 219 (1), the local government would conduct the election keeping in mind the laws. “When the preparation for the election is complete, the change in the laws of the federal and provincial governments creates an obstacle in the timely election.”

It added that Section 219 (1) and (4) were inconsistent with each other.

“Section 219 (1) mandates LG elections at the provincial and central levels under the LG Acts. It is necessary for the commission to conduct LG elections within 120 days. If the central and provincial governments change the laws, there will be difficulties in holding elections.”

The ECP in the letter proposed amending Article 140 A of the Constitution and Section 219 of the Election Act.

“The purpose of amending the law is to prevent central or provincial governments from amending laws close to elections,” the ECP stated.

In line with the court order, the ECP officials went to the attorney general. The attorney general then contacted the law minister on the phone. The law minister initially asked for the election in six months.

The ECP insisted on elections within 120 days. The law minister also agreed to the elections within four months. However, the Ministry of Interior asked for time for consultation.

The attorney general also contacted the officials of the Ministry of Interior. The interior minister had scheduled a meeting on the matter at 2PM on Friday.

Officials on behalf of the interior minister informed about his response. They said that the minister alone cannot make any promise. Consultation with the federal government was necessary so the minister has requested that the plea of the petitioners be rejected, they added.

The ECP also submitted the details of the expenditure, in which it is stated that so far Rs50.52 million has been spent while Rs150.72 million has been allocated to the ECP.

“Payment was made on printing of ballot papers, election material, stationery and petroleum charges.”

During the hearing, petitioner's lawyer Aslam said that the ECP tried to put its burden on the court.

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“The court had never asked the ECP to postpone the LG elections. The ECP resorted to the proposed legislation, but due to the absence of the president's signature, it is not a legislation, it will be called a proposed bill.”

Justice Tahir inquired whether the election schedule was challenged before any court. “If there is no challenge, then the election schedule is still there.”

The DG ECP replied, “No, the local body elections were postponed.”

Advocate Aslam said that the whole city was ready for the elections and the ECP was also ready till December 27.

The court inquired, “If we approve your writ petition, can the ECP conduct the LG elections?”

The petitioner's lawyer said that the ECP itself had said that all the preparations were complete and only the delivery of the equipment was left.

Additional Attorney General Dogal said that the federal government and the ECP officials will hold a meeting at 2pm, and due to lack of time, they could not submit their comments.

Justice Tahir, while expressing his anger, said that the federal government had become so incompetent that it could not file a response to the petition.

The AAG said that even if the answer was prepared, it would be submitted after the approval from the law ministry.

The court said, “We suspend the decision to postpone the election, you continue to hold the meeting.

“Today's time was set yesterday (Thursday) with your consent. The time was from morning … why was the meeting set at the same time?”

The AAG said that there were more meetings earlier in the morning and then the time immediately after Friday was kept without delay.

The court said what was the reason that the number of union councils was increased 12 days before the election?

“You tell us why. What will you say about the assurance of holding LG elections in front of the court?”

The AAG said that it was the discretion of the federal government to exercise its power.

The court inquired how many times this discretion was applied in the year 2022?

The AAG said that this power was used twice this year.

The court said that for the first time in June, this authority was given on the basis of the 2017 census.

The AAG said that the population increased after 2017, that's why the number of union councils was further increased. “Now, the legislation has been passed in which the procedure for electing the mayor and deputy mayor has also changed.

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“First, the election of the mayor and deputy mayor was to be held one or two months after the election. If the new legislation was enacted after the election, the election of the mayor and deputy mayor would have stopped for five years.”

Justice Tahir said, “What happened to your assurances, Mr additional attorney general? The census was not conducted after 2017. On what basis was it found that the population has increased?”

The AAG said that if the election was held and the amendment bill became an act tomorrow, there would be a problem. “In that case, the mayor and the deputy mayor will not be able to hold elections as the new act will call the election of the mayor only on the polling day.”

Advocate General Islamabad Jahangir Jadoon questioned the conduct of the petitioner PTI leader Ali Nawaz, saying that the court should also see the conduct of the petitioner. “He is a member of the assembly but is not playing his role by going there. They should have been in parliament for the legislation on transfer of power to the lower level. The three members elected by the people of Islamabad are not going to the National Assembly.”

The DG ECP said that the commission was still ready to conduct the elections.

The court inquired, “Are you ready to conduct the election [on Saturday].”

The DG said, “We will now explain in detail in our arguments. Various measures were taken to conduct the local body elections.”

The court inquired that since June 30, what measures have you taken? “Tell them.”

The DG said that the schedule of LG elections for December 31 had been announced, the printing of ballot paper and the training of staff had been completed.

The court said, “How far is the farthest polling station from your office? Can't you hold an immediate election?”

Justice Tahir said, "Just tell me how many days it will take to deliver the required material."

The DG said that the elections could be held in seven to 10 days.

The court said, “Why seven to 10 days? The preparation was complete.”

The DG said that hall booking etc had to be done again for polling.

The court said then “you will need two days”.

The DG said, “We also need time to make security arrangement and delivery of ballot papers is done only two days before the election.”

The court said that there were security arrangements in Islamabad, “if there is no election, will the printing equipment go to waste? Who will be responsible for this”?

The DG said the one who issued the notification.

The court expressed disappointed over the attitude of the federal government for not filing the reply, saying: “Today, we will pronounce the decision of this case.”

The court reserved its decision on the petitions against the postponement of the LG elections in Islamabad. Later in the ongoing judgment, the court accepted the petitions of the PTI and the JI against the notification of the ECP, declaring its notification null and void. The IHC ordered to hold the LG elections in the federal capital today (Saturday) as per the schedule.

Intra-court appeal

Separately, while talking to a private news channel, Interior Minister Rana Sanaullah said the federal government had decided to file an intra-court appeal against IHC order to conduct Islamabad LG elections.

The minister said the federal government was not in a position to hold LG elections in Islamabad.

"We respect the IHC decision, but holding the elections is not possible as the arrangements cannot be made in such a short period," he said.

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Sanaullah said that the order was issued in the evening after office hours. “How is it possible to make the arrangements for the [elections],” he inquired.

He said that as many as 1,000 polling stations needed security and the polling staff was not deployed at the stations.

The election material was still not delivered to the polling stations, he added.

Providing security to 1,000 polling stations in such a short period of time was impossible, as the Islamabad police was not enough to provide the security alone. He added that the government must have to deploy Rangers and FC for security.

Sanaullah accused the Pakistan Tehreek-e-Insaf (PTI) of delaying the LG polls of Islamabad for more than two years.

To a question regarding the country's financial position, the federal minister said that there were difficulties on the economic front, but there was no risk of default.

A political party with a foreign agenda was spreading rumours of default, he said, accusing the PTI and Imran Khan of collaborating with elements hostile to the country to cause internal and external disruptions.

Can’t provide security

The federal government excused itself from providing security to the ECP for the Islamabad LG elections, while the ECP made it clear that due to the lack of logistical support, election staff and other arrangements, it was not possible to hold the polls on Saturday (today).

The ECP decided to file an intra-court appeal against the IHC decision.

According to the ECP sources, a meeting was held under the chairmanship of Chief Election Commissioner Sikandar Sultan Raja in which the court decision was considered.

Sources said that it was told in the briefing that in the current situation, the commission could not make emergency preparations, as presiding officers and polling staff could not be arranged for the elections.

According to the sources, it was not possible to deliver the polling material in such a short time. “Hasty election will raise questions on transparency.”

In a conversation with The Express Tribune, the highest sources of the ECP said that the LG elections could not be held in the federal capital with just 12 hours' notice. The ECP on December 20 declared the notification of the interior ministry as a violation of the law, and decided that the LG elections in Islamabad would be held on December 31 as per the schedule. However, the IHC annulled the ECP decision, ordering the government to take a decision after hearing it.

The ECP decided to postpone the local body elections in the light of the IHC decision. The appeal against the ECP decision was heard in the IHC for three days.

The IHC decided in the evening that the elections should be held the next morning. “The ECP is unable to make arrangements in such a short time. The election staff is also out of the city due to holidays on Saturdays and Sundays and of the educational institutions.

“It is not possible to deliver the electoral materials to the polling stations late at night. There is no solution except to go to the intra-court appeal regarding the holding of LG elections in Islamabad.”

Later, the meeting chaired by the CEC ended and the members and other officials left the commission.

Sources of the LG Wing said that no instructions were received to hold LG elections in the morning.

The LG Wing makes arrangements for local body elections under the direction of the ECP.