LB polls: LHC issues detailed judgment

RAWALPINDI: A Lahore High Court (LHC) Rawalpindi bench, which had struck down the new delimitation of union councils for the upcoming local bodies (LB) elections in Rawalpindi Division on October 2, on Tuesday directed the Election Commission of Pakistan (ECP) to “announce a fresh election schedule after undertaking and completing the proceedings of delimitation”.
A detailed judgment in this regard was issued by Justice Mahmood Ahmad Bhatti of the LHC Rawalpindi Bench here on Tuesday.
In his orders, the judge observed: “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”.
Previously, while hearing similar cases, an LHC bench had declared that delimitation was something to be done by the district government and not by the Election Commission.
It may be mentioned here that this decision would impact the local bodies elections, as the election process had to start from October 3 when the candidates were supposed to submit their nomination papers.
The petitioners, former Nazims of Union Council Numbal of Murree, Sajid Abbasi and Arshad Nawaz, had challenged the annexation of some parts of their union council into Tarait and Murree city.
Former Nazim of Murree Haroon Abbasi and others had also challenged the delimitation of Jawa, Ghora Gali and others.
There were various other petitions from different parts of the Rawalpindi Division including Taxila and Rawalpindi city.
The petitioners, through their counsel Raja Shafqat Abbasi, advocate, had adopted that the ECP while issuing notifications of new delimitations did not consider local and geographical conditions.
The new delimitation will create hardships for the residents and it has also violated the right of adult franchise of the local people.
The petitioners prayed to the court to declare the new delimitation as null and void as it was against the fundamental rights and the Constitution of Pakistan.