Delimitation : ECP approaches apex court to resolve legal hurdles

Cite legal implications of announcing schedule before completion of delimitation

ISLAMABAD: The Election Commission of Pakistan (ECP) has approached the Supreme Court to resolve hurdles in carrying out delimitation ahead of local government elections in Islamabad Capital Territory (ICT).

The ECP through its counsel Munir Ahmad Paracha has filed an application in the apex court, wherein it is stated that in view of the SC’s order, the commission announced the election schedule on August 28, with November 30 set as polling day.

However, the delimitation process completed on April 27 was subsequently withdrawn by the federal government.

Later, the ECP issued a programme for fresh delimitation on August 28. The schedule of election cannot be announced until delimitation is completed. The announcement of the schedule on August 28 has thus created legal implications.

The commission also says that although the ICT Local Government Act 2015 has become a notified law, till date, a copy of the notified rules has not been provided to the ECP.

The application further states that a schedule for elections is issued to call upon a constituency to elect its representatives, explaining that constituencies can only be called upon, when delimited. It adds that delimitation is due for completion on October 13.

The application further states that due to the announcement of the schedule, registration officers are barred from making corrections, revisions and fresh registration under sections 18 and 20 of the Electoral Rolls Act 1974, and as such, genuine voters will be deprived from changing their votes from one ward to another, and also those who would be eligible to get registered by October 13.

It is also states that according to Rule 11 (2) of the draft bill, the commission may, at any time before the polling date, rescind or alter the election schedule and issue a revised schedule, but the rules have not been notified, therefore, the ECP is seeking indulgence of the SC to withdraw the schedule because the court insisted on the announcement of schedule on August 28.

The petitioner has prayed to the SC to allow the fresh announcement of an election schedule on a date after October 13 without actually changing the agreed-upon actual November 30 polling date.

Published in The Express Tribune, September 18^th,  2015.