IHC seeks LG polls date

Justice Mohsin Akhtar Kayani warns of contempt in case of non-compliance in 7 days

ISLAMABAD:

The Islamabad High Court (IHC) on Tuesday sought a date in seven days to hold local government elections in the federal capital and otherwise hinted at issuing notices of contempt of court to the Chief Election Commissioner (CEC) and the federal government.

At a hearing, Justice Mohsin Akhtar Kayani remarked that if the local government department didn’t give the election date, inform the CEC and the federal government that contempt of court notices would be issued.

The judge, while suspending the property tax notices on the new rate in Islamabad, remarked that billions of taxes were imposed without the local government and the Capital Development Authority (CDA) used the Municipal Corporation of Islamabad’s (MCI) funds worth billions of rupees without any authority.

Justice Kayani was hearing the petition against the notices of collection of property tax at the new rate. Barrister Umar Ejaz Gilani and other lawyers appeared before the court on behalf of the petitioners.

Suspending the tax notices, the judge remarked that the petitioners had to submit property tax at the old rate as the imposition of new taxes would be subject to the approval of the local government.

The judge inquired why local government elections were not being held. The Election Commission of Pakistan (ECP) officials pleaded that a schedule had been given regarding constituencies.

The judge then asked if new constituencies would done every two to three months as the court was told that 125 union councils had already been demarcated. There was no need for new ones and the mixing of UCs with the National Assembly constituencies to be avoided, the judge further remarked.

“It is the decision of the Supreme Court as well as the IHC to hold local government elections. Are the governments of the PTI founder, Nawaz Sharif and Shehbaz Sharif responsible for this as no one has conducted the LG elections in Islamabad,” Justice Kayani questioned.

The judge asked the ECP officials to get the date from the federal government and tell the court about the date for polls. “If the date is not given I will also give notice of contempt of court to the federal government and the ECP.”

Justice further remarked that the CDA was destroying the entire city in the name of the MCI and had spent the corporation’s funds worth billions of rupees without any lawful authority.

Additional Attorney General Mansoor Iqbal Dogal told the court that the case was under hearing in another court as well. To which Justice Kayani commented that he was not responsible for any other court. “If the federal government does not hold elections, I will see them.”

The court issued a warning to the ECP and the government to give a date within seven days for holding local body elections and in case of no announcement, contempt of court proceedings would be initiated.

Lawyer Qasim Nawaz Abbasi told the media at IHC that the residents of Islamabad and the Islamabad Chamber of Commerce and Industry (ICCI) had submitted a petition to the IHC against the new property tax. The property tax was highly increased against the law, he said, adding the administrator had no legal authority to impose the property tax.

Another lawyer Umar Ejaz Gilani said that the IHC had suspended the tax rate increase by the administrator as it was the function of public representatives to impose taxes and reduce or increase rates.

Published in The Express Tribune, June 5^th, 2024.