Court allows ECP to change election schedule

Poll schedule could not be announced until delimitation process completed: election commission counsel

ISLAMABAD:

The Supreme Court has allowed the Election Commission of Pakistan (ECP) to decide withdrawal of the schedule for local government elections in Islamabad.

A three-judge bench of the apex court, headed by Justice Ejaz Afzal Khan, on Tuesday held that the commission is a constitutional body and has the mandate to take its decisions, disposing of its plea.

The ECP counsel, Munir Ahmad Paracha, approached the court to remove legal hurdles for carrying out delimitation process for holding LG elections in the federal capital.

The delimitation process was completed on April 27 that was subsequently withdrawn by the federal government.

Read: SC authorises ECP to take decision on withdrawal of schedule

The ECP has sought intervention of the court to withdraw poll schedule announced on August 28.

The applicant stated that in view of the SC order, the commission had issued election and delimitation schedules on August 28 for holding polls on November 30, creating legal implications.

The election schedule could not be announced until the delimitation process is completed, the counsel contended.

He also informed the court that the Islamabad Capital Territory Local Government Act 2015 was signed into law by the President after parliament’s node, though. However, till date, no copy of the notified rules has been provided to the ECP.

He further argued that the constituencies can be called upon to elect their representatives after completion of the delimitation process that has not yet been finalized and is going to be completed on October 13.

The election schedule issued on August 28 was, therefore, premature and needs to be announced after October 13 without changing the date of poling.

The counsel maintained that due to the announcement of poll schedule, the registration officers are debarred from making any corrections, revision and registration of votes under section 18 and 20 of the Electoral Rolls Act 1974. As such genuine voters will be deprived of transferring their votes from one ward to another and also those who would be eligible to get themselves registered till October 13.

Read: Govt urged to hold polls according to SC schedule

The counsel also stated that according to Rule 11(2) of the draft Islamabad Capital Territory Local Government Rules 2015, the commission may at any time before the poll rescind or alter the election schedule and shall issue a revised schedule but the rules have not yet been notified.

The petitioner prayed the court to announce the election on the subsequent date after the completion of delimitation on October 13 without changing the polling date. The bench while disposing of the plea asked the ECP to decide the matter independently.

Published in The Express Tribune, September 23^rd, 2015.