Court dismisses PTI’s petition
One petition relating to Mouza Khadrapur was admitted
PHOTO: AFP
ISLAMABAD:
The Islamabad High Court on Wednesday dismissed several identical petitions, including one filed by the Pakistan Tehreek-e-Insaaf (PTI), challenging delimitation and the local bodies act while simultaneously seeking constitutional amendments to legitimise the upcoming polls in the capital.
A division bench comprising Justice Noorul Haq N Qureshi and Justice Aamer Farooq dismissed around a dozen petitions. In the short order, the bench allowed only one petition and disposed of two others out of the total 16 petitions.
For fresh delimitation: Court issues notice to poll body on PTI petition
The PTI and several candidates for the local government elections had challenged the Islamabad Capital Territory Local Government Act, 2015, the delimitation process, an interior ministry notification issued on August 26, 2015, and other lacunas related to the LG polls.
In his arguments, PTI’s counsel Raja Inam Amin Minhas said that delimitation was in violation of the law and the rule of uniformity was not followed.
Delimitation was done based on the 1998 census, Minhas argued, adding that a lot of rural areas have become urban since then. He added that objections were raised before the Election Commission of Pakistan (ECP), but the ECP dismissed it without holding an inquiry, saying that the petitioner had no standing to present the objections.
LHC reserves verdict on PTI, PAP petitions
ECP counsel SA Mahmood Khan Sadozai said that petition was not maintainable because no aggrieved persons approached the ECP within the stipulated time.
Two months ago, Minhas said that there were 79 union councils, which was later reduced. To this, Justice Qureshi remarked that two months and four days ago, the number of UCs was 50, and no one objected to this number.
During the hearing, Justice Qureshi directed the petitioners to complete their arguments as soon as possible so that a verdict could be announced. A petitioner’s counsel, Raja Shafqat Khan Abbasi, requested the court to delay the election and decided the case with ease while keeping all legalities in view.
IHC rejects petition calling for resignations of PTI MNAs to be accepted
“We are not in favour of granting a stay and do not wish to stop the electoral process,” replied Justice Qureshi.
Wednesday’s proceedings also revealed Justice Qureshi’s cartography skills, as he started checking areas on map with a scale, measuring the size of different constituencies after lawyers claimed that the voters in some areas were shifted to distant areas. “I know drafting and how maps work,” he said.
The only petition allowed pertained to Mouza Khadrapur, which was linked with Koral instead of Alipur. Petitioner Shahid Iqbal through his counsel Haroonur Rashid stated that Koral was 10 to 12km away from Koral and it was not convenient for voters to go that far to vote.
Islamabad High Court reserves verdict
Justice Qureshi’s measurement exercise found that the approximate distance was 13.5 kilometres, leaving the delimitation official and ECP lawyer with no option but to say, “Whatever orders are passed will be obeyed.”
The court then restored the order of district election commissioner issued on June 10.
Published in The Express Tribune, October 29th, 2015.
The Islamabad High Court on Wednesday dismissed several identical petitions, including one filed by the Pakistan Tehreek-e-Insaaf (PTI), challenging delimitation and the local bodies act while simultaneously seeking constitutional amendments to legitimise the upcoming polls in the capital.
A division bench comprising Justice Noorul Haq N Qureshi and Justice Aamer Farooq dismissed around a dozen petitions. In the short order, the bench allowed only one petition and disposed of two others out of the total 16 petitions.
For fresh delimitation: Court issues notice to poll body on PTI petition
The PTI and several candidates for the local government elections had challenged the Islamabad Capital Territory Local Government Act, 2015, the delimitation process, an interior ministry notification issued on August 26, 2015, and other lacunas related to the LG polls.
In his arguments, PTI’s counsel Raja Inam Amin Minhas said that delimitation was in violation of the law and the rule of uniformity was not followed.
Delimitation was done based on the 1998 census, Minhas argued, adding that a lot of rural areas have become urban since then. He added that objections were raised before the Election Commission of Pakistan (ECP), but the ECP dismissed it without holding an inquiry, saying that the petitioner had no standing to present the objections.
LHC reserves verdict on PTI, PAP petitions
ECP counsel SA Mahmood Khan Sadozai said that petition was not maintainable because no aggrieved persons approached the ECP within the stipulated time.
Two months ago, Minhas said that there were 79 union councils, which was later reduced. To this, Justice Qureshi remarked that two months and four days ago, the number of UCs was 50, and no one objected to this number.
During the hearing, Justice Qureshi directed the petitioners to complete their arguments as soon as possible so that a verdict could be announced. A petitioner’s counsel, Raja Shafqat Khan Abbasi, requested the court to delay the election and decided the case with ease while keeping all legalities in view.
IHC rejects petition calling for resignations of PTI MNAs to be accepted
“We are not in favour of granting a stay and do not wish to stop the electoral process,” replied Justice Qureshi.
Wednesday’s proceedings also revealed Justice Qureshi’s cartography skills, as he started checking areas on map with a scale, measuring the size of different constituencies after lawyers claimed that the voters in some areas were shifted to distant areas. “I know drafting and how maps work,” he said.
The only petition allowed pertained to Mouza Khadrapur, which was linked with Koral instead of Alipur. Petitioner Shahid Iqbal through his counsel Haroonur Rashid stated that Koral was 10 to 12km away from Koral and it was not convenient for voters to go that far to vote.
Islamabad High Court reserves verdict
Justice Qureshi’s measurement exercise found that the approximate distance was 13.5 kilometres, leaving the delimitation official and ECP lawyer with no option but to say, “Whatever orders are passed will be obeyed.”
The court then restored the order of district election commissioner issued on June 10.
Published in The Express Tribune, October 29th, 2015.