The three judge bench of the apex court while disposing of the ECP’s plea said that the commission is constitutional body as it has mandate to take its decisions. PHOTO: REUTERS
A three judge bench of the apex court, headed by Justice Ejaz Afzal Khan while disposing off the ECP’s plea said the commission is a constitutional body and has the mandate to make its own decisions.
Earlier, the ECP through its counsel Munir Ahmad Paracha approached the apex court to resolve legal hurdles for carrying out delimitation process for holding LG elections in ICT.
The ECP through its counsel Munir Ahmad Paracha had 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.
Read: Delimitation: ECP approaches apex court to resolve legal hurdles
However, the delimitation process completed on April 27 was subsequently withdrawn by the federal government.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 said 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.
Read: LG polls in Islamabad fixed for November 30
The application further stated 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 stated 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.
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