IHC admits PTI plea challenging deferral of Islamabad LG polls by ECP

IHC admits PTI plea challenging shelving of Islamabad LG polls by ECP

The Islamabad High Court (IHC) on Wednesday accepted for immediate hearing a Pakistan Tehreek-e-Insaf (PTI) plea challenging the Election Commission of Pakistan's (ECP) decision to defer the local government polls in Islamabad. 

The matter of Islamabad local government polls made its way back to the IHC as PTI leader Ali Nawaz Awan filed a plea, seeking the cancellation of LG polls' deferral.

A day earlier, the electoral body cancelled the schedule to hold the LG polls in the federal capital, postponing the process slated to take place on December 31, after a change in the union councils of the capital territory.

In his petition, Awan requested the high court to nullify the ECP's decision and declare it to be " in violation of Article 75 (3) of the Constitution of Pakistan". He also sought the cancellation of increased UCs as they were increased after the announcement of election schedule.

The court accepted the plea for immediate hearing.

IHC's Justice Arbab Mehmood Tahir will take up the plea shortly.

"This Honorable Court may graciously be pleased [...] to set aside the impugned order dated 27-12-2022, declaring the same to be violative of Article 75 (3) of the Constitution of the Islamic Republic of Pakistan, 1973, while being pleased to set aside the Notification of increase of Union Councils dated 19-12-2022 (having been issued post announcement of Election Schedule and merely 11 days before Election date, i.e. 31-12-2022), having been issued at the recommendations of the Administrator, MCI, appointed in pursuance to section 29 (3) on a look after charge, in the interest of justice," the petition read. 

The cabinet secretary, interior secretary, ECP, Chief Election Commissioner Sikandar Sultan Raja, metropolitan corporation and district Election Commission were made parties in the petition.

IHC turns down PTI plea to nullify ECP decision on deferral of Islamabad LG polls

Separately, the IHC turned down an earlier intra-court plea by the PTI seeking nullification of the ECP decision on deferral of the Islamabad LG polls.

A two-member bench of the IHC, headed by Mohsin Akhtar Kayani, conducted the hearing today (Wednesday).

At the outset of the hearing, Advocate Taimoor appeared before the court to represent the petitioner.

"The federal government can at least make sure that the local governments get the funds," Justice Kayani remarked.

He expressed annoyance that the former governments didn't provide any funds to the LG bodies for the last five years. "Can we order the ECP to hold LG elections in these circumstances?" he asked.

The justice said that the electoral body is not holding the elections due to the federal government.

However, Justice Kayani rebuked the ECP officials and federal government for increasing the UCs at the eleventh hour.

"Was the federal government sleeping earlier? Neither did the former government nor the incumbent government want to hold the LG polls," he said.

He said that the Centre is not holding the polls despite giving an undertaking before the Supreme Court.

"This comes under the banner of contempt of court," he remarked.

Moving on to ECP's role, the justice said that the body is not supposed to look towards the federal government and should hold the elections independently.

Later, the court declared the petitioner's plea "ineffective". 

ECP postpones Dec 31 local body polls

The ECP had last week issued an order to continue the process of holding local government elections in the federal capital, saying that the union councils were increased in violation of the related law.

However, on Tuesday, it cancelled the schedule to hold the local government elections in the federal capital while announcing a reserved verdict.

On December 24, IHC set aside the decision of the ECP — rejecting the federal government’s notification for an increase in the number of union councils — and instructed the electoral body to revisit the matter again

IHC Chief Justice Aamer Farooq heard identical petitions regarding the increase in the number of union councils and changes in the voter lists.

The election commission had earlier rejected the government's notification to increase the union councils in the federal capital.

In response, the centre challenged the order in court.

Just as the local body polls were about to take place on December 31, the federal government had earlier this week approved a summary to increase the number of union councils of the federal capital from existing 101 to 125.

The summary stated that the Metropolitan Corporation Islamabad administrator — deputy commissioner — has said that the present number of union councils is 101 as fixed based on the 2017 census.

However, the population of Islamabad increased to 205 million in the last five years and, therefore, it is appropriate that the number of union councils may be enhanced to 125.

But after that, the election commission issued an order to continue the process of holding local government elections in the federal capital, saying that the union councils were increased in violation of the related law.

Following the ECP's order, the government passed the Islamabad Capital Territory (ICT) Local Government (Amendment) Bill, 2022 a day earlier and today, it also had it passed in the Senate.