New delimitation: ECP challenges court verdict
A senior ECP official says that the ECP on Saturday filed a petition against the LHC Rawalpindi bench order
Election Commission of Pakistan. PHOTO: STOCK IMAGE
ISLAMABAD:
The Election Commission of Pakistan (ECP) has challenged the Lahore High Court, Rawalpindi bench verdict which struck down the new delimitation of union councils for the upcoming local government (LG) elections in Rawalpindi Division.
A senior ECP official told The Express Tribune that the ECP on Saturday filed a petition against the LHC Rawalpindi bench order, wherein the commission had been asked to announce a fresh election schedule after undertaking and completing the proceedings of delimitation.
He said that the ECP had carried out the process of delimitation in view of the SC’s judgment, and the law also permits it to do the same. The official said that the process regarding the submission of nomination papers had already been completed.
“We have requested the SC to set aside the LHC verdict as it will delay the process of LG polls in Rawalpindi Division,” he said.
It is to be noted that Justice Mahmood Ahmad Bhatti of the LHC Rawalpindi Bench announced the order, wherein it was observed that, “Having analysed the relevant provisions of the Local Government Act, 2013, I have no doubt in my mind that it falls outside the scope, range of the powers and functions of the Election Commission, a delimitation officer or a delimitation authority to create or abolish a union council. As they have exceeded their powers and jurisdiction, their actions impugned in these petitions are declared without lawful authority and of no legal effect.”
“Consequently, the process of delimitation resulting in creation or extinguishments of the union councils is to be carried out afresh to bring it in accord with the law,” it was observed.
Published in The Express Tribune, October 11th, 2015.
The Election Commission of Pakistan (ECP) has challenged the Lahore High Court, Rawalpindi bench verdict which struck down the new delimitation of union councils for the upcoming local government (LG) elections in Rawalpindi Division.
A senior ECP official told The Express Tribune that the ECP on Saturday filed a petition against the LHC Rawalpindi bench order, wherein the commission had been asked to announce a fresh election schedule after undertaking and completing the proceedings of delimitation.
He said that the ECP had carried out the process of delimitation in view of the SC’s judgment, and the law also permits it to do the same. The official said that the process regarding the submission of nomination papers had already been completed.
“We have requested the SC to set aside the LHC verdict as it will delay the process of LG polls in Rawalpindi Division,” he said.
It is to be noted that Justice Mahmood Ahmad Bhatti of the LHC Rawalpindi Bench announced the order, wherein it was observed that, “Having analysed the relevant provisions of the Local Government Act, 2013, I have no doubt in my mind that it falls outside the scope, range of the powers and functions of the Election Commission, a delimitation officer or a delimitation authority to create or abolish a union council. As they have exceeded their powers and jurisdiction, their actions impugned in these petitions are declared without lawful authority and of no legal effect.”
“Consequently, the process of delimitation resulting in creation or extinguishments of the union councils is to be carried out afresh to bring it in accord with the law,” it was observed.
Published in The Express Tribune, October 11th, 2015.