Polls in Cantonment areas: SC says it won’t tolerate more delays
Fears govt postponing elections under the guise of legislation.
In this file photo, workers carry ballot boxes to be transported to polling stations in Karachi on May 6, 2013. PHOTO: AFP
ISLAMABAD:
The Supreme Court has made it clear to the federal government that local government (LG) elections in the country’s cantonment areas cannot be postponed any longer under the pretext of legislative amendments.
Local government elections have not been held in these areas since 1998 as the federal government says it is contemplating changes in the Cantonment Act 1924 and the Cantonment Local Government Election Ordinance 2002.
A two-judge bench, headed by Chief Justice of Pakistan Tassaduq Hussain Jillani, on Thursday sought assistance from Attorney General Salman Aslam Butt regarding the consequences of further delays, under Articles 140A and 32.
The attorney general has been asked to determine whether polls can be held in the cantonment areas under the existing laws. The SC is hearing a five-year-old petition filed by Balochistan lawyer Raja Rab Nawaz regarding the polls.
The bench in its order observed that LG elections are mandated by the Constitution under Article 140A and required by the Principles of Policy enshrined in the Constitution (Article 32).
The court has also decided to resume the contempt proceedings against Asif Yaseen Malik on February 20 for not fulfilling his commitment to hold LG polls in the cantonment areas.
Earlier, Additional Attorney General for Pakistan Shah Khawar appeared before the bench and said no progress had been made regarding the legislation process for LG elections in the cantonment areas. He said a meeting was scheduled to discuss the issue in the defence ministry but it was postponed due to the non-availability of the defence minister. Khawar said a meeting would be held on Thursday to take up the matter at the ministry.
In the wake of decisions of the high court of Sindh and Lahore, the delimitation process had to be set aside in Sindh and Punjab according to Akram Sheikh, the Election Commission of Pakistan’s counsel.
He stated that in view of the courts’ injunctions, the ECP could not take further steps to hold LG polls in the two provinces. The bench will take up this matter on February 20.
Published in The Express Tribune, February 7th, 2014.
The Supreme Court has made it clear to the federal government that local government (LG) elections in the country’s cantonment areas cannot be postponed any longer under the pretext of legislative amendments.
Local government elections have not been held in these areas since 1998 as the federal government says it is contemplating changes in the Cantonment Act 1924 and the Cantonment Local Government Election Ordinance 2002.
A two-judge bench, headed by Chief Justice of Pakistan Tassaduq Hussain Jillani, on Thursday sought assistance from Attorney General Salman Aslam Butt regarding the consequences of further delays, under Articles 140A and 32.
The attorney general has been asked to determine whether polls can be held in the cantonment areas under the existing laws. The SC is hearing a five-year-old petition filed by Balochistan lawyer Raja Rab Nawaz regarding the polls.
The bench in its order observed that LG elections are mandated by the Constitution under Article 140A and required by the Principles of Policy enshrined in the Constitution (Article 32).
The court has also decided to resume the contempt proceedings against Asif Yaseen Malik on February 20 for not fulfilling his commitment to hold LG polls in the cantonment areas.
Earlier, Additional Attorney General for Pakistan Shah Khawar appeared before the bench and said no progress had been made regarding the legislation process for LG elections in the cantonment areas. He said a meeting was scheduled to discuss the issue in the defence ministry but it was postponed due to the non-availability of the defence minister. Khawar said a meeting would be held on Thursday to take up the matter at the ministry.
In the wake of decisions of the high court of Sindh and Lahore, the delimitation process had to be set aside in Sindh and Punjab according to Akram Sheikh, the Election Commission of Pakistan’s counsel.
He stated that in view of the courts’ injunctions, the ECP could not take further steps to hold LG polls in the two provinces. The bench will take up this matter on February 20.
Published in The Express Tribune, February 7th, 2014.