Local body polls: SC irked by ECP’s excuses for delay
Says it is mandatory for the commission to obey what the apex court orders.
PHOTO: FILE
ISLAMABAD:
As three provinces complete formalities for local bodies’ polls and the Supreme Court pushes for an early date, the Election Commission of Pakistan (ECP) says it cannot organise the polls in the next couple of months.
The ECP on Wednesday raised serious objections before a three-judge SC bench over delimitations process carried out by the provinces and said that it was not possible to hold elections on the basis of old blocks of 1998. The election body also said it had not received any formal request for holding LB polls from any province.
The bench, led by Chief Justice Iftikhar Muhammad Chaudhry, told the counsel for the ECP, Muhammad Akram Shaikh, that the commission had no mandate to judge the provinces’ delimitation process.
Earlier, Punjab and Balochistan provinces told the court they would hold the elections on December 7, while Sindh committed November 27 as the date.
The ECP counsel, however, said provincial authorities had not announced the dates in consultation with the ECP – an act, which he said, was against the Constitution. “It is also necessary to assess the bids of printing press for bringing out millions of ballots,” the ECP counsel added.
In its concise statement, the ECP told the court that four months were required to fulfill the legal requirements to hold local bodies’ elections in the country. “Some provinces have proposed a ballot which requires printing of the local council’s name on the ballot papers, while there are thousands of local councils in each province.”
To conduct the LB polls, ECP will have to print and distribute about 600 million ballot papers, the statement said.
It said if the provinces delimited the local councils/wards on the basis of old census blocks and if they also further subdivide these wards, it might not be possible for National Database and Registration Authority (Nadra) to prepare fresh electoral rolls for LB polls unless a door-to-door verification exercise is carried out once again to reconcile the electoral rolls with the delimitation carried out by the provinces.
The ECP’s counsel cited autonomous status for the commission. However, the apex court ruled out that claim and said no one could be allowed to violate the constitution on the basis of such nitty-gritty.
When the court asked why the commission was delaying the process and not holding the polls to fulfil a constitutional requirement, the commission’s counsel said that provinces were not willing to hold elections and were merely announcing dates to appease the chief justice. This remark irked the court and it warned Akram Shaikh to be careful in selection of words.
During the proceedings, the court sought attorney general’s opinion on the likely consequences of violating the Constitution. Since the attorney general was not present, Deputy Attorney General (DAG) Shah Khawar requested the court to show restraint. Upon this, the chief justice said restraint was being sought against constant violation of the Constitution. Justice Jawwad S Khawaja told the DAG that the court had already mentioned on November 3, 2007 that it would not allow anyone to violate the Constitution. “Prior mistakes are not to be repeated,” he added.
Khyber Pakhunkhwa (K-P) government sought more time for legislation. The provincial attorney told the court that the assembly was in session and an ordinance could not be promulgated.
The federation’s attorney said a bill regarding LB polls in Islamabad Capital Territory would be tabled before the federal cabinet and promulgated through an ordinance.
The court sought replies of relevant stakeholders on October 25. Except for the K-P, all provinces will also submit letters to the ECP to request it to hold the LB polls.
Published in The Express Tribune, October 24th, 2013.
As three provinces complete formalities for local bodies’ polls and the Supreme Court pushes for an early date, the Election Commission of Pakistan (ECP) says it cannot organise the polls in the next couple of months.
The ECP on Wednesday raised serious objections before a three-judge SC bench over delimitations process carried out by the provinces and said that it was not possible to hold elections on the basis of old blocks of 1998. The election body also said it had not received any formal request for holding LB polls from any province.
The bench, led by Chief Justice Iftikhar Muhammad Chaudhry, told the counsel for the ECP, Muhammad Akram Shaikh, that the commission had no mandate to judge the provinces’ delimitation process.
Earlier, Punjab and Balochistan provinces told the court they would hold the elections on December 7, while Sindh committed November 27 as the date.
The ECP counsel, however, said provincial authorities had not announced the dates in consultation with the ECP – an act, which he said, was against the Constitution. “It is also necessary to assess the bids of printing press for bringing out millions of ballots,” the ECP counsel added.
In its concise statement, the ECP told the court that four months were required to fulfill the legal requirements to hold local bodies’ elections in the country. “Some provinces have proposed a ballot which requires printing of the local council’s name on the ballot papers, while there are thousands of local councils in each province.”
To conduct the LB polls, ECP will have to print and distribute about 600 million ballot papers, the statement said.
It said if the provinces delimited the local councils/wards on the basis of old census blocks and if they also further subdivide these wards, it might not be possible for National Database and Registration Authority (Nadra) to prepare fresh electoral rolls for LB polls unless a door-to-door verification exercise is carried out once again to reconcile the electoral rolls with the delimitation carried out by the provinces.
The ECP’s counsel cited autonomous status for the commission. However, the apex court ruled out that claim and said no one could be allowed to violate the constitution on the basis of such nitty-gritty.
When the court asked why the commission was delaying the process and not holding the polls to fulfil a constitutional requirement, the commission’s counsel said that provinces were not willing to hold elections and were merely announcing dates to appease the chief justice. This remark irked the court and it warned Akram Shaikh to be careful in selection of words.
During the proceedings, the court sought attorney general’s opinion on the likely consequences of violating the Constitution. Since the attorney general was not present, Deputy Attorney General (DAG) Shah Khawar requested the court to show restraint. Upon this, the chief justice said restraint was being sought against constant violation of the Constitution. Justice Jawwad S Khawaja told the DAG that the court had already mentioned on November 3, 2007 that it would not allow anyone to violate the Constitution. “Prior mistakes are not to be repeated,” he added.
Khyber Pakhunkhwa (K-P) government sought more time for legislation. The provincial attorney told the court that the assembly was in session and an ordinance could not be promulgated.
The federation’s attorney said a bill regarding LB polls in Islamabad Capital Territory would be tabled before the federal cabinet and promulgated through an ordinance.
The court sought replies of relevant stakeholders on October 25. Except for the K-P, all provinces will also submit letters to the ECP to request it to hold the LB polls.
Published in The Express Tribune, October 24th, 2013.