IHC issues written order declaring ECP notification of turning down govt’s decision on increasing number of UCs for LG elections in Islamabad as null & void

ISLAMABAD, Dec 24, (SABAH): Islamabad High Court (IHC) on Saturday issued written order declared Election Commission of Pakistan’s (ECP) notification of turning down government’s decision on increasing number of union councils (UCs) for the local government elections in Islamabad as null and void. The 16-page long written order has been issued by Chief Justice Islamabad High Court (IHC) Justice Aamer Farooq.

The court left upon the ECP to either hold or not hold the local government elections on December 31 in Islamabad and directed the Election Commission of Pakistan to revisit the decision after listening to the parties.

In the verdict, the Islamabad High Court ordered the ECP to give all the parties the right to hearing and also listen to the viewpoint of federal government on increasing the number of union councils on December 27 as well as hear the objections raised on voters lists on December 28.

It is said in the written order that the Commission is a Constitutional body formed under the Constitution and carries out the functions and duties provided under the Constitution. In this behalf under Article 218(3) of the Constitution it is the duty of the ECP to organize and conduct elections and to make sure that such arrangements are necessary to conduct the elections honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against. Article 219 of the Constitution enshrines the primary duties of the Commission and the same, inter alia, includes holding of the Local Government Elections; it also includes preparing Electoral Rolls for elections and carrying out such other functions as are specified by the act of Parliament.

The court order said that since the discrepancies pointed out in the voters list and the grievance raised in the first category of the case seems to be plausible and bona fide hence ECP is required to look into the matter and turning a blind eye would tantamount to flouting the spirit of the Constitution and Election Act, 2017.

The court order said that in view of the above, the first category of the petition mentioned hereinabove are converted into representation and are remitted to ECP to consider the grievance of the petitioners with expectation to decide the same in accordance with law after providing opportunity of hearing. Insofar as the second category of case is concerned regarding setting aside of impugned order dated 20.12.2022 the Commission before passing the same ought to have heard the perspective of the Federal Government regarding enhancement of number of Union Councils and do the needful accordingly as it has done in W.P. No.4736 /2022 past. In this regard this Court in W.P. No.2235/2022 vide order dated 22.06.2022 had expected that the Commission would consider the contention of the petitioners in light of the then notification of the Federal Government under Section 6 of the Act of 2015 and consider the extending date for filing of nomination papers. In light of the above observations order dated 20.12.2022 of the Commission is not sustainable and in the interest of justice and keeping in view the mandate of Commission under Article 218(3) of the Constitution and other provisions it is only expected that the matter shall be considered holistically and the needful be done in light of the relevant law. The Commission is expected to consider the issue of enhancement in number of Union Councils afresh after providing opportunity of hearing to all concerned

The court order further said that the Writ Petitions No.4809/2022 and W.P. No.4787/2022 are allowed as order dated 20.12.2022 is set aside. The parties shall appear before the Commission for decision on the issue of impact of increase in number of Union Councils vide notification dated 19.12.2022 by the W.P. No.4736 /2022 Federal Government; the Commission is expected to decide the matter afresh after affording opportunity to all the concerned including the Federal Government and taking into consideration the law. The parties for the purpose of decision on notification dated 19.12.2022 shall appear before the Commission on 27.12.2022.