SC tells electoral body: ‘Discuss phased LG poll plan with Political parties’

Judge says if ECP cannot do its job, then its members should better resign .

ISLAMABAD:

The Supreme Court (SC) on Tuesday directed the top electoral body to fulfill its constitutional obligation and organise Local Government (LG) elections in Sindh and Punjab.

Heading the three-member bench of the apex court, Chief Justice Jawwad S Khawaja asked the ECP’s lawyer to discuss holding the elections in three phases with political parties.

The CJ observed that the bench believes that elections may also be held in two phases.

He remarked that during the Iraq-Iran war, two elections were held in Iran. He also said that the ECP has authority to direct provincial governments to hold LG polls, adding that there is no LG system in both provinces for the last six years.



The ECP wanted to hold elections in three phases and extend the timeline, which request it had submitted in the Supreme Court in March 2015. Subsequently, in the last week of July the Commission filed two applications before the apex court to change the LG polls schedule.

Munir Paracha advocate for the ECP said that they have discussed the issue with the Punjab and Sindh governments who have agreed to hold elections in phases.

Justice Qazi Faez Isa stated that one constitutional body (ECP) is requesting another constitutional body (SC) to allow it to violate the law by delaying the election schedule.

“We (SC) can’t violate the constitution by extending the dates. If you want to violate the constitution then we are not concerned with your reasons as the election should be held on time.”

The judge said the constitution has mandated ECP to hold LG polls in the country and if the ECP cannot perform its job then its members should tender their resignations.

Justice Dost Muhammad Khan said the last government did not hold election during its entire tenure, while half of the present government’s tenure has passed and still the LG polls have not been held in Sindh and Punjab.

Paracha, meanwhile, reiterated his request to the bench to permit the ECP to hold elections phase-wise and also extend the dates.

Justice Qazi told the Commission; “To do whatever it likes” but warned if the ECP delays LG polls then it would not only be violating the constitution but its own oath.

Three-phase polling

In the proposed first phase, LG polls will be held on November 11 in 12 districts of Punjab including Lodhran, Vehari, Okara, Bahawalpur, Bahawalnagar, Toba Tek Singh, Sargodha, Kasur, Nankana Sahib, Gujrat, Rawalpindi and Attock and 8 districts of Sindh including Sukhar, Ghotki, Khaipur, Larkana, Qamber Shahadkot, Shikarpur, Jacobabad and Kashmore.

The second phase would be on November 29 in 12 districts of Punjab including Khanewal, Sahiwal, Faisalabad, Chinot, Khushab, Mianwali, Sheikhupura, Gujranwala, Hafizabad, Mandi Bahauddin, Chakwal and Jhelum.

In Sindh, the commission has proposed 14 districts including Shaheed Benazirabad, Nosherho Feroze, Dadu, Matari, Jamshoro, Tando Allahyar, Tando Muhammad Khan, Thatta, Sujawal, Badin, Umerkot, Tharparkar, Sanghar and Mirpurkhas.

The final phase would be held on December 19 in 12 districts of Punjab, including Pakpattan, Layyah, Rajjan Pur, D. G Khan, Muzzaffargarh, Jhang, Bhakkar, Lahore, Sialkot, Narowal, R.Y Khan and Multan, while in Sindh the areas included are Karachi West, Karachi East, Karachi South, Karachi Central, Korangi Malir and Hyderabad.

Published in The Express Tribune, August 19^th, 2015.