IHC slams delay in Islamabad LG polls

Justice Kayani says governance system paralysed in absence of elected local bodies

ISLAMABAD:

The Islamabad High Court (IHC) on Monday reserved its verdict on a petition seeking the early conduct of local government elections in the federal capital.

Justice Mohsin Akhtar Kayani reserved the judgment after hearing arguments from all sides. During the proceedings, he engaged in an exchange with the Assistant Attorney General and the Director General (Law) of the Election Commission.

Justice Kayani observed that the absence of local government elections had resulted in the collapse of the administrative system, noting that neither property tax could be levied nor official business conducted efficiently. He remarked that judicial directives concerning local body elections were being repeatedly ignored.

Expressing his astonishment, the judge said it was remarkable that those who had themselves ordered the conduct of elections within a single day had later suspended that very decision while sitting on a division bench. "You have been in continuous violation of the law since 2021," he observed.

Assistant Attorney General Usman Ghumman submitted that the delay in elections had been caused by legislative amendments, contending that law-making and amendment were the prerogative of Parliament.

In response, Justice Kayani noted that the present Parliament was currently engrossed in the 27th Constitutional Amendment, observing: "Parliament is presently occupied with interpreting the Constitution - introducing further amendments would, therefore, be difficult at this stage."

Addressing the Assistant Attorney General, Justice Kayani remarked: "Mr Attorney, not every wrongdoing can be defended. Parliament is supreme and possesses the authority to amend any law."

He further observed that when flawed legislation is enacted, it must ultimately be rolled back to its origin, adding that the process of correcting defective laws inevitably takes time.

The Election Commission's Director General (Law) informed the court that the amendments made to the Local Government Act, 2025, in relation to local elections, contained a number of complexities.

Justice Kayani then asked, "When will you announce the schedule for the local government elections? Please issue the schedule, and we will then assign an appropriate date accordingly."

The court also made pointed observations regarding the dual charge held by one officer as both Chairman of the Capital Development Authority (CDA) and Chief Commissioner Islamabad.

Justice Kayani remarked that such an arrangement suited the government, which appeared indifferent to its implications. "All powers vested in local representatives have been handed over to the CDA, while no protection has been afforded to the local government elections," he observed.

Advocate Yawar Gardazi appeared on behalf of the petitioner, while Arshad Khan, Director General (Law), represented the electoral watchdog.

After hearing the arguments, the court reserved its judgment on the petition filed by Muhammad Ijlal, seeking the early holding of local government elections in Islamabad.