Not holding LB polls is violation of Constitution: CJ
CJ says problems will crop up for govt, if court petitioned.
QUETTA:
The chief justice of Pakistan has said that not conducting local bodies (LB) election is a violation of the Constitution, and problems will crop up for the government, if the court is petitioned against this.
Justice Iftikhar Muhammad Chaudhry said the court’s job is to identify the problem – and it is for the government to address it. However, he added that the court orders are continuously ignored. Justice Chaudhry was heading a three-judge bench which was hearing a case regarding LB elections at Quetta Registry on Monday.
He said that whenever the third force came to power, the first thing they did was to hold LB elections. The late Gen Ziaul Haq and former military ruler Gen Pervez Musharraf conducted LB elections, but it was not understandable why a democratic government was reluctant.
Powers to hold LB election have been devolved to the provinces under the 18th Constitutional Amendment, but they have not fulfilled their constitutional obligation, Justice Chaudhry further remarked.
He said the court appreciated Parliament after the 18th Amendment, but Parliament was not happy with the judiciary. However, the bench was informed that Parliament was not unhappy with the court.
He said that if LB elections were not held, the bench will pronounce its judgment on the next hearing.
Punjab’s Advocate General Ashtar Ausaf apprised the bench of difficulties his province was facing in holding LB elections. “You had to conduct the polls earlier,” shot back Justice Chaudhry.
Sindh’s Advocate General Attah Malik informed the bench that the provincial administration would conduct the polls by October 2012.
Balochistan’s Advocate General Amanullah Kanrani said that his province was ready to conduct LB elections. However, it wanted to hold them along with the other provinces.
But Justice Chaudhry said the Balochistan government should hold the elections at the earliest in light of the problems it was facing. “This will help the province restore peace in the region.”
The bench also issued a notice to the chief election commissioner to present in the court new voters’ lists at the next hearing.
Published in The Express Tribune, May 1st, 2012.
The chief justice of Pakistan has said that not conducting local bodies (LB) election is a violation of the Constitution, and problems will crop up for the government, if the court is petitioned against this.
Justice Iftikhar Muhammad Chaudhry said the court’s job is to identify the problem – and it is for the government to address it. However, he added that the court orders are continuously ignored. Justice Chaudhry was heading a three-judge bench which was hearing a case regarding LB elections at Quetta Registry on Monday.
He said that whenever the third force came to power, the first thing they did was to hold LB elections. The late Gen Ziaul Haq and former military ruler Gen Pervez Musharraf conducted LB elections, but it was not understandable why a democratic government was reluctant.
Powers to hold LB election have been devolved to the provinces under the 18th Constitutional Amendment, but they have not fulfilled their constitutional obligation, Justice Chaudhry further remarked.
He said the court appreciated Parliament after the 18th Amendment, but Parliament was not happy with the judiciary. However, the bench was informed that Parliament was not unhappy with the court.
He said that if LB elections were not held, the bench will pronounce its judgment on the next hearing.
Punjab’s Advocate General Ashtar Ausaf apprised the bench of difficulties his province was facing in holding LB elections. “You had to conduct the polls earlier,” shot back Justice Chaudhry.
Sindh’s Advocate General Attah Malik informed the bench that the provincial administration would conduct the polls by October 2012.
Balochistan’s Advocate General Amanullah Kanrani said that his province was ready to conduct LB elections. However, it wanted to hold them along with the other provinces.
But Justice Chaudhry said the Balochistan government should hold the elections at the earliest in light of the problems it was facing. “This will help the province restore peace in the region.”
The bench also issued a notice to the chief election commissioner to present in the court new voters’ lists at the next hearing.
Published in The Express Tribune, May 1st, 2012.