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Wednesday November 27, 2024

LG elections: IHC rejects plea for stay order, issues notices to respondents

December 28, 2022

Ag APP

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday rejected the plea to grant a stay order against the ECP to act on federal government's appeal, it served notices to respondents in an intra-court appeal of Pakistan Tehreek e Insaf (PTI) regarding the local body elections in the federal capital.A two-judge bench comprising Justice Mohsin Akhter Kayani and Justice Arbab Muhammad Tahir heard the appeal of PTI against the decision of the single-member bench. The single-member bench had ordered the Election Commission of Pakistan (ECP) to decide the matter related to the increasing number of union councils in ICT after hearing the Federation.

Petitioner Ali Nawaz Awan's counsel Taimoor Aslam Advocate adopted the stance that there was another judgment of this court related to the matter. Giving reference to the court, he said that the bench had terminated the Local Body Ordinance which had increased the number of union councils from 50 to 101. Recently, the government increased the number of UCs from 101 to 125 but the election schedule had already been announced and all preparations were completed.

The lawyer said that the federal government had not challenged the decision of ECP dated December 20, instead, it was challenged by the administrator MCI through the advocate general. The court questioned whether it could issue directives to ECP if the institution did't conduct elections.

Justice Kayani remarked that first previous government was not interested in LG elections and now the current set-up was doing the same. The court noted that the government had given an undertaking to it regarding elections on 101 UCs. The lawyer prayed to the court to stop the ECP from giving a decision on the appeal of the Federation and condition it with the verdict of court. The court rejected the request of the petitioner to grant a stay order and adjourned further hearing of the case till Wednesday.