Delaying LG elections: SC reprimands federal, Sindh and Punjab govts

Says federal and provincial govts continuously violating Constitution on LG polls; Nov 15 deadline to be missed

ISLAMABAD:

The Supreme Court has sought a reply from the federal and two provincial governments regarding steps they have taken to meet the court’s November 15, 2014 deadline on local bodies’ elections.

The top court observed that prima facie, the directives on LG polls have not been implemented and the federal and provincial governments are continuously violating the Constitution by not holding LG polls in view of Article 140-A of the Constitution.

Article 140-A of the Constitution says, “Each province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments. Elections to the local governments shall be held by the Election Commission of Pakistan (ECP).”

In its judgements on March 19 and 20, the apex court had given the federal and Sindh and Punjab governments five months to carry out appropriate amendments or legislation for this purpose. The court had directed the ECP to ensure LG polls before November 15. Since 2009, no LG polls have been held in Punjab and Sindh. Likewise, since 1999, there have been no LG elections in the cantonment board areas of the country.

Over the last two days, the three-judge bench of the apex court, headed by Chief Justice Nasirul Mulk, has taken up the matter related to the LG polls in three provinces.

During the hearing, Additional Advocate General (AAG) Sindh Qasim Mir Jutt told the bench that the draft has been prepared to authorise the ECP for carrying out delimitation, adding that the ordinance will be promulgated in this regard within a week. The bench asked why the Sindh government had yet to formulate legislation for this purpose even when the court’s judgement in this regard was issued seven months ago.

The AAG Sindh expressed regret on behalf of the government, but Justice Azmat Seed Sheikh said the Sindh government should tender an apology for violating the Constitution. The chief justice questioned why provincial governments awaited the court’s fresh directives on any issue instead of independently taking any steps. “How will the polls be carried out by November 15 if the ECP carries out delimitation now?” the CJP asked.

AAG Punjab Razaq A Mirza said that the provincial government wrote a letter to the federal government regarding legislation in this case. “The federal government has yet to respond,” he said.

LG polls in K-P

The chief justice expressed annoyance over the Khyber-Pakhtunkhwa (K-P) government’s failure to hold LG polls and asked K-P Advocate General Latif Yousufzai for an explanation.

The AG submitted that the SC observed that the ECP is authorised to carry out delimitation and therefore, the K-P government had the impression that delimitation carried out by the provincial government is illegal.

Yousafzai stated that an application had been made to the ECP for the introduction of biometric systems for the LG polls. He said the ECP has yet to respond to the request.

He added that the Sindh and Lahore High Courts had declared the delimitation process in their provinces illegal and therefore, the top court gave a ruling on the appeals against both high courts’ rulings.

The hearing was adjourned until October 14.

Published in The Express Tribune, October 4^th, 2014.