ECP postpones Islamabad’s LG elections

ISLAMABAD: Five days ahead of polling, the Election Commission of Pakistan (ECP) Tuesday postponed the December 31 local bodies elections in the Islamabad Capital Territory (ICT).

The ECP’s decision followed its hearing where PTI, JI and the government lawyers made their arguments. After the completion of arguments, the Election Commission reserved the decision and later the Election Commission issued a short decision to postpone the local bodies elections scheduled for Islamabad on December 31.

The ECP’s short order shared by the spokesperson says, “Keeping in view the legal provisions and the judgment of the High Court regarding the matter: The local government election in Islamabad Capital Territory (ICT) is hereby postponed for the time being.” In a message on the official Twitter account, the ECP said: “In view of the legal provisions and the decision of Islamabad High Court dated December 23, 2022, the local bodies elections scheduled for December 31 in Islamabad have been postponed for the time being.”

Earlier, the full five-member of the Election Commission, headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja, heard the case here at its secretariat on the orders of Islamabad High Court (IHC). Advocate General Jahangir Jadoon and former Attorney General Ashtar Ausaf appeared on behalf of the government, whereas Babar Awan and Ali Nawaz Awan appeared on behalf of Pakistan Tehreek-e-Insaf and Mian Aslam were present on behalf of Jamaat-e-Islami.

The government’s lawyer Ashtar Ausaf argued that the Islamabad High Court has given a decision on the local bodies elections while the Islamabad administration has recommended increasing the number of union councils, the Election Commission should look into the matter of population increase. He added that previously, the number of union councils was increased from 50 to 101. He said the Islamabad High Court asked the Election Commission to listen to the federal government’s stance and the Election Commission issued the decision without hearing the federal government. He said the Election Commission has to take a decision according to the Constitution and law and cannot deprive a large number of citizens of their rights.

Countering the argument, Member Nisar Durrani stated that the number of union councils was expanded to 101 in June, and wondered how had the population of the federal capital increased by a significant number since then. Another member, Ikramullah Khan, said the ECP data shows that there has been no significant increase in the city’s population.

At one point, Ashtar Ausaf put a question to the forum would the Election Commission conduct the election as per its orders that were cancelled and emphasised that it was necessary to keep in mind the ground realities to conduct a transparent election in which all the people are represented.

PTI regional president Ali Nawaz Awan’s lawyer Babar Awan pointed out to the bench that the related piece of legislation to increase seats in Islamabad has not been signed by the President, therefore, it is not yet a law. He also remarked, “We should not make a mockery of the law, under the Constitution, it is the responsibility of Election Commission to conduct the election according to the Constitution.” He emphasised that the government should never be an authority in the matter of postponing polls. Awan argued that no changes could be made to laws once the election date was announced.

Jamaat-e-Islami’s lawyer Hassan Javed argued that it was the responsibility of the Election Commission to conduct the elections, and the interference of federal government in it was tantamount to curtailing the powers of Election Commission. The Chief Election Commissioner said that the High Court has also asked to review the number of union councils, at which the lawyer of Jamaat-e-Islami said that the Islamabad High Court had not limited the authority of the Election Commission.

Earlier, during the hearing, the Chief Election Commissioner Raja said that the delimitation of constituencies was done for Islamabad twice. He also gave the example of Punjab where the exercise was done twice and was now being done for the third time. “Why did the government not realise at the right time to increase the UCs?” asked CEC Raja. He added that UCs were increased once the election schedule was issued, saying that the government had put the ECP in a difficult situation. “If a mistake is made then the commission should provide assistance,” responded Ausaf.

However, CEC Raja reminded the counsel that a mistake is made once, not again and again. “In Article 148 of the Constitution, it is written that elections are to be conducted according to the local law. Now, if that law is changed, then what should be done? There should be such legislation that local government elections are held on time,” remarked the CEC. He added that ECP also faced resistance in provinces over the local government elections.

Justice (retd) Ikramullah Khan, a member of the bench, remarked that general elections are also supposed to be held, and wondered what would happen to the future of local bodies elections. On the other hand, CEC Raja said that ECP fears that the government may change the UCs again, adding that the government has to stop this at some point. On this, Ausaf assured the ECP bench that there will be no changes in the law and wrapped up his arguments.

Meanwhile, Pakistan Tehreek-e-Insaf (PTI) Secretary General Asad Umar has said that the Election Commission has helped the coalition government by postponing the local bodies elections in Islamabad in violation of its own decision.

Speaking to a news conference here, he said that just as the coalition government is running away from elections all over Pakistan, they had a strong desire to do so in some way, and today their wish has been fulfilled to the extent by the Election Commission.

He emphasised that it was the Election Commission which had decided a week ago that the elections would not be delayed and the same Election Commission supported the coalition government and delayed the elections by giving a decision against itself.

Interior minister Rana Sanaullah, he claimed, wanted elections in Islamabad to be held after the general elections and not this year, and the notification regarding the changes was issued by the ministry itself and the excuse made for the changes had nothing to do with reality. “We knew that the Election Commission would go against the high court’s decision, so without waiting for the Election Commission, we filed an intra-court appeal. We will use legal options to ensure that the people of Islamabad have the right to decide who should be the local representatives of Islamabad and hope that the double bench of the Islamabad High Court will provide relief to the people.”

Asad Umar pointed out that the government was going to increase the union councils’ seats and hold direct elections for the mayor and deputy mayor, which the PTI had done during its government, but at that time the Pakistan Democratic Movement went to court against the related ordinance.

In a related development, the Jamaat-e-Islami (JI), while rejecting the postponement of the local government elections in Islamabad, has announced to observe a Black Day on Wednesday (today).

Addressing a press conference here along with other party leaders, the Central Naib Ameer and ex-MNA Mian Muhammad Aslam said a protest rally would be taken out from G-9 Markaz to D Chowk on Wednesday.

While terming December 27 as the darkest day in the history of Islamabad, he alleged the rights of the people of federal capital have been violated. Mian Aslam also announced to challenge the decision of Election Commission of Pakistan in the superior court.