Disregarding pleas for more time, a three-judge bench of the Supreme Court on Monday ordered the Election Commission of Pakistan (ECP) to announce the final schedule for elections.
The bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, also presented the idea to hold local bodies’ elections under an ordinance at least in two provinces.
ECP Director General Sher Afgan told the bench that it would not be possible for the poll body to hold elections until the provinces complete legal steps and hand over final notification of delimitation.
“If the procedure has not been completed by the provinces, we will issue an order to the ECP to hold the elections under the old set up,” the chief justice remarked in response.
“Go and announce the final schedule for elections at least in the Punjab and Sindh provinces as both the provinces have completed legal requirements,” said the top judge whose term will expire in December.
The court suggested to K-P advocate general to hold elections under an ordinance so that constitutional requirements are met.
“You can hold elections on the basis of the bill through promulgation of ordinance as (if) provincial assembly is not in session,” the chief justice said. The court also suggested that the province revive the earlier LB system.
The federal government’s attorney expressed the federation’s inability to hold elections immediately in Islamabad. The court, however, asked ICT to make immediate arrangements for LB polls.
The court also asked the Punjab province to hand over notification of delimitation to ECP on Tuesday so that the commission could announce the elections schedule.
The ECP official said complaints were being heard against delimitation process in the provinces and the ECP could not announce a final schedule as yet. The court replied that mere registration of complaints was not a legal point to delay the elections.
“Only four or five per cent changes are expected in the result of final appellate and the ECP can manage it accordingly later on,” the chief justice observed.
The K-P attorney cited Eid holidays and the assassination the provincial law minister as the main reasons for delay in legislation. The bench disregarded this excuse and asked the counsel to ensure implementation of constitutional provision, warning that otherwise the court would pass an interim order.
The court was adjourned till Wednesday with directions to all the provinces, including ICT, to make all arrangements for holding local bodies elections.
Published in The Express Tribune, October 22nd, 2013.
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Let the ECP and the assemblies do their jobs. Judges should focus on their jobs. Behaving in a manner which would make headlines is not the job of the judges.