IHC rejects PTI plea challenging ECP’s verdict on LG polls in Islamabad

ISLAMABAD, Dec 28 (SABAH): Islamabad High Court (IHC) on Wednesday rejected a petition filed by the Pakistan Tehreek-e-Insaf (PTI) against the Election Commission of Pakistan’s move to postpone the local government elections in the federal capital.

A two-member bench, headed by Justice Mohsin Akhtar Kiyani, declared the petition ineffective after hearing arguments from the ECP and the PTI lawyers.

During the hearing, the ECP officials said the LG polls, which were scheduled to be held on Dec 31, had been delayed owing to the government’s decision to increase the number of union councils in the capital city.

Justice Kiyani remarked that the ECP was not interested in holding the polls in Islamabad, adding that whether the government was sleeping before the issuance of the schedule. Neither the current government nor the previous government was interested in LG polls, he said. The court commented that an affidavit was submitted in the Supreme Court for holding the elections and now the government was showing reluctance. “This act falls under the ambit of contempt of court.”

The PTI lawyer told the bench that three chairmen and 50 members were elected without elections in the capital city. Justice Kiyani remarked: “Why shouldn’t we suspend the power of administrators?”. He remarked that the Capital Development Authority (CDA) had no authority to use the funds of the local government.

The additional attorney general argued that the local governments in all four provinces were being run by the unelected members.  A day earlier, the ECP postponed the LG polls scheduled for Dec 31 in Islamabad for the time being due to government s decision to increase the number of union councils in the capial city. A five-member bench, headed by Chief Election Commissioner Sikandar Sultan Raja, issued the order after hearing arguments from the federal government and the counsel for the PTI and the JI in the case.

During Tuesday s hearing, federal government’s counsel Ashtar Ausaf, the former attorney general of Pakistan, informed the bench that the decision to increase the number of union councils was based on increase in population.

When Chief Election Commissioner (CEC) Sikander Sultan Raja asked whether the new census report had been published, he said the censure bureau had updated the government about it. Mr Ausaf said the IHC had also recognized the increase in population but authorised the top election body to take the final decision after hearing the government’s stance. He contended that the ECP could not deprive people of the basic right.

PTI lawyer Babar Awan said the LG polls should be held as scheduled as they had been already delayed twice. The CEC remarked that the IHC had declared its decision null and void. He added that the high court had also issued directives for reviewing the number of the union councils.

Last week, the IHC nullified the ECP notice which had made a government notification to increase the number of union councils in Islamabad void and directed the poll body to listen to the government’s point of view before reaching any decision.