Punjab LG polls: SC empowers ECP to delimit constituencies
Directs federal and provincial govts to hold LG polls by Nov 15.
Directs federal and provincial govts to hold LG polls by Nov 15. PHOTO: AFP/FILE
ISLAMABAD:
The Supreme Court on Wednesday struck down Punjab government’s authority to delimit constituencies for local government (LG) elections, authorising the Election Commission of Pakistan (ECP) instead to undertake the gigantic task.
The decision was made by a three-member bench of the apex court, headed by Chief Justice Tassaduq Hussain Jillani while hearing an ECP petition against a Lahore High Court judgment in which the poll body was directed to conduct the delimitation in Punjab.
The apex court bench directed both federal and provincial governments to carry out appropriate legislation to empower the ECP to carry out the delimitation process for LG polls.
“This exercise should be completed within a period of five months and the Election Commission of Pakistan shall thereafter take requisite measures to carry out the process of delimitation of constituencies for the Local Government expeditiously so as to complete the same within a period of 45 days of the enactment/amendments in laws in terms of this order,” the court stated in its order.
Taking a strict stance on the delay in LG polls for over nine years, the bench observed that the delay amounted to violation of the Constitution. Subsequently, the court set November 15, 2014 for the announcement of an election schedule and completing the process required for holding the polls.
The bench further declared that Sections 8 to 10 of the Punjab Local Government Act, 2013 and the relevant rules framed thereunder are ultra vires of the constitution in so far as they empower the provincial government to carry out the delimitation of the constituencies for the polls.
Referring to Article 140A, the court said that the power to hold Local Government elections was vested in the ECP, which under Article 218(3) has been mandated to “organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against, the power to carry out such delimitation should vest with the Election Commission of Pakistan.”
During the hearing, Advocate General Punjab Mustafa Ramday told the bench that the provincial government would comply with the court’s orders. “There will be no delay but please allow us sometime to amend the law for empowering the commission to carry out the delimitation process,” Ramday added.
Published in The Express Tribune, March 20th, 2014.
The Supreme Court on Wednesday struck down Punjab government’s authority to delimit constituencies for local government (LG) elections, authorising the Election Commission of Pakistan (ECP) instead to undertake the gigantic task.
The decision was made by a three-member bench of the apex court, headed by Chief Justice Tassaduq Hussain Jillani while hearing an ECP petition against a Lahore High Court judgment in which the poll body was directed to conduct the delimitation in Punjab.
The apex court bench directed both federal and provincial governments to carry out appropriate legislation to empower the ECP to carry out the delimitation process for LG polls.
“This exercise should be completed within a period of five months and the Election Commission of Pakistan shall thereafter take requisite measures to carry out the process of delimitation of constituencies for the Local Government expeditiously so as to complete the same within a period of 45 days of the enactment/amendments in laws in terms of this order,” the court stated in its order.
Taking a strict stance on the delay in LG polls for over nine years, the bench observed that the delay amounted to violation of the Constitution. Subsequently, the court set November 15, 2014 for the announcement of an election schedule and completing the process required for holding the polls.
The bench further declared that Sections 8 to 10 of the Punjab Local Government Act, 2013 and the relevant rules framed thereunder are ultra vires of the constitution in so far as they empower the provincial government to carry out the delimitation of the constituencies for the polls.
Referring to Article 140A, the court said that the power to hold Local Government elections was vested in the ECP, which under Article 218(3) has been mandated to “organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against, the power to carry out such delimitation should vest with the Election Commission of Pakistan.”
During the hearing, Advocate General Punjab Mustafa Ramday told the bench that the provincial government would comply with the court’s orders. “There will be no delay but please allow us sometime to amend the law for empowering the commission to carry out the delimitation process,” Ramday added.
Published in The Express Tribune, March 20th, 2014.