LG polls in cantonment areas: AGP summoned over contempt plea against PM

SC asks Punjab, Sindh to give poll dates on March 3

ISLAMABAD:

The apex court has summoned attorney general of Pakistan (AGP) for his response over a contempt petition against Prime Minister Nawaz Sharif for his failure to comply with a court decree on holding local government (LG) elections in areas governed by cantonment boards.

The court has also asked the federation and two provinces – Sindh and Punjab – to give exact dates for holding the LG polls by March 3.

The Supreme Court’s two-judge bench – comprising Justice Jawwad S Khawaja and Justice Sarmad Jalal Osmany – on Friday took up a contempt plea, filed by Raja Rab Nawaz against the PM for not implementing the court’s March 19, 2014 verdict to hold the LG polls in cantonment areas.  The LG polls have not been held in cantonment areas for the past 15 years.

Earlier, the court had initiated contempt proceedings against former defence secretary Asif Yasin over the government’s failure to hold the LG elections in all 53 cantonment boards by May 5, 2013.

Later on, the court passed several directives but the government did not complete preparation for holding the LG polls in cantonment areas.



“We are likely to issue notice to the respondent (PM) but we ask the AGP to assist us [in ascertaining] if he violates the court’s order or not,” the bench said in its order.

It said if its orders are violated then it will issue another order to fulfill the constitutional mandate, adding that the court will not hesitate in issuing a notice to the PM, if needed.

“Empowerment of people of Pakistan is the main object of the LG system but the citizens of Pakistan have been deprived of this right for the last five years. The fact is that the government does not like to empower the people,” the bench noted.

The bench observed that Election Commission of Pakistan (ECP) is bound to hold elections even if the provincial governments do not legislate or if the legislation is not effective.

Expressing concern over the continuous delay in LG polls, Justice Khawaja made it clear that they will take action against those who were responsible for the delay. “If the provincial governments do not want to hold the LG polls then they should throw the Constitution in the dustbin,” he said.

“Everyone knows what the consequences are for not following the Constitution. No institution including parliament can stop the ECP from performing its constitutional obligation. However the ECP is hesitating to perform is constitutional role,” he added.

Akram Sheikh, counsel for the ECP, said the provinces were creating hurdles in holding the LG polls.  However, Justice Jawwad replied that the ECP should announce the election schedule “and if anyone has a problem then he should approach the court.”

In reply to Akram Sheikh’s request to help the ECP in removing obstacles, the bench said if any law creates hurdles in its way then the ECP could declare that law illegal, adding that nobody could stop the ECP from performing its role.

The counsel asked the court to empower the ECP to announce the election schedule.

However, the bench responded that under Articles 220 and 219(D) of the Constitution, the ECP has all the powers; therefore there is no need for a decree by the apex court.

The court noted that Balochistan had held the polls, while K-P had given the dates, but Punjab and Sindh were still delaying the matter. Later, the bench adjourned hearing till Tuesday (March 3) after ordering the federation and the provinces to give specific dates for the polls on that day.

Published in The Express Tribune, February 28^th, 2015.