SC rejects ECP’s revised schedule for LB polls in Punjab, Sindh

ISLAMABAD: Rejecting the revised schedule for holding the local bodies elections in Sindh and Punjab, the Supreme Court on Thursday directed the Election Commission of Pakistan (ECP) to submit the second revised schedule by 4.30pm.
The court took an exception to the incompetence of one of key officials of the ECP who failed to explain the phase-wise process for holding the local government elections given in the revised schedule submitted by the ECP during the course of the day.
A three-member bench of the apex court, headed by Justice Jawad S Khawaja, resumed hearing in the local bodies election case. On the last hearing held late Wednesday night at 8pm, the court directed the ECP to submit a revised schedule for holding the local government elections in Sindh, Punjab, Khyber Pukhtunkhwa and cantonment boards on Thursday.
In pursuance of the court’s Wednesday orders, Attorney General Salman Aslam Butt presented the revised schedule of the local government elections.According to the new schedule, the LG polls phases. The first phase will be held on September 30, second phase on November 4, and third phase on December 9, 2015.
It was submitted in the revised schedule that elections in Khyber Pakhtunkhwa will be held on June 7, 2015 with another option of May 16, 2015.The court was however informed that after inclusion of 1.2 million voters, who had attained the age of voting, the local government election in Khyber Pukhtunkhwa will be held on May 30, 2015.
Likewise, it was informed that elections in cantonment board areas of the country will be held on April 25, 2015.Justice Jawad S Khawaja remarked that they will not tolerate any further delay in elections and the new schedule will be reviewed first to ascertain its efficacy.
He further said the ECP was an independent powerful body to ensure local government elections in the country, empowering the people of country to exercise their right to franchise.He said the ECP will have to ensure the holding of elections on the dates provided by the court. He observed that it was the constitutional responsibility of the ECP to update the electoral list but unfortunately the commission failed to fulfill its constitutional obligation.
“It would be laughable if 18 crore people of the country are deprived of exercising their right to franchise”, Justice Jawad S Khawaja remarked, adding that the court will ensure its duty of implementing the Constitution in letter and spirit.
After the interval when the court resumed hearing, it asked Attorney General Salman Aslam Butt to call responsible officials from the ECP in half an hour to explain the three phases mentioned in the revised schedule.
The attorney general then informed the court after half an hour that he had talked to the head of the commission to send an official for explaining the phase wise details.Later on, Additional Director General (Legal) Abdur Rehman appeared before the court but he appeared to be clueless and failed to answer simple questions asked by the court about the holding of local government elections in phases in the revised schedule.
Addressing the attorney general, Justice Jawad S Khawaja said they don’t want such people who don’t know anything.“Aik goo goo Hamaray Samany Ajata hey aur Khara hojata hey, jisay kuch pata hi nai hota. “A dumb smudge comes before us who does not know anything,” Justice Jawad S Khawaja remarked.
The court then asked Salman Butt as to why there was no one in the court to answer the court questions. After the interval, Deputy Director ECP Irfan Kausar appeared in the court.
When he was asked to explain as to why the local bodies elections in Sindh and Punjab would be held in phases while in the last night report it was not there, he said 400 million (40 crore) ballot papers were required to be printed.
According to him, the ECP was obliged to get the ballot papers printed from the Printing Corporation of Pakistan (PCP) which does not have the sufficient capacity therefore one month was required for it.
When the court asked him to explain the rules that the ballot papers were to be printed from the PCP, he failed to refer to any rule of the ECP. Similarly, when the court pressed the ECP officials to state as to when they were aware of the limitation of the ECP, he stated that at the time of general election 2013.
The court expressed surprise when the official stated that being aware of the aforesaid imitation letters were written to the Establishment Division pointing out deficiency and lack of capacity of the PCP to purchase efficient machines, as currently the PCP is using the machinery of 1951.
The court observed that it appeared that the ECP might not consider itself an independent statutory body tasked with performing important constitutional functions to hold the LG elections in support of democratic dispensation, but it considers itself the subordinate department of the Cabinet Division.
During the hearing, the research staff, present in the court room, through Internet ascertained that there were fast printing machines, which could generate 100,000 copies of ballots within one hour.
The court further observed that the ECP does not consider itself an independent body in term of Article 220 of the Constitution, which stipulates that it shall be the duty of all executive authorities in the federation and in the provinces to assist the commissioner and the ECP in the discharge of his or their functions.
Considering the revised schedule for the elections, the court directed the ECP to submit the second revise schedule and the justification for the time required as noted on many occasions.The court ruled that previously the ECP had disempowered people, as there had been no local bodies’ election in cantonments in the last 17 years and in other provinces for five years.Accepting the new date for cantonment board elections, the court directed the ECP to include 3 to 5 lakh voters in the revised electoral rolls and adjourned the hearing.