SC seeks from ECP, provinces final date for holding LB polls

ISLAMABAD: Supreme Court (SC) Thursday sought final date from Election Commission of Pakistan (ECP), governments of Punjab, Sindh and Khyber Pakhtunkhwa (KP) within 24 hours for conducting Local Bodies (LB) polls.
A two-member bench of the SC headed by Justice Jawwad S Khawaja took up the case for hearing. The SC ruled, “Provinces and EC should make it clear when they would hold election. The court will also determine the governments have implemented up to what extent the orders issued by it from time to time for holding LB polls and what legal and constitutional action can be taken against the persons found responsible for delaying the LB polls.”
The court remarked, “Provinces have once again sought time but the court cannot close its eyes to the problems facing the citizens in the aftermath of not holding of LB polls and a dysfunctional Public Safety Commission. Therefore, more time cannot be given. The provinces can face the consequences for not implementing court’s orders and for not holding LB polls.”
Justice Jawwad S Khawaja remarked, “The provinces want to put the court into labyrinths of expediencies and problem deliberately so that they do not hold LB polls for transferring the powers to people. Game is being played with the constitution. No one including politicians can keep aside the constitution under any compulsion.”
He remarked, “It is beyond comprehension as to why the provinces are scared of holding LB elections. Are they afraid of devolution of powers to the common man?” He observed “Holding LB polls is a constitutional requirement under Article 140-A, which will have to be complied with at any cost. If governments have not to follow constitution then all be allowed to go for open lawlessness.”
Akram Sheikh appeared on behalf of EC while respective advocate generals represented Sindh and Punjab. Justice Jawwad S Khawaja remarked, “LB polls have not been held since April, 2010. Five years have elapsed. LB polls have been conducted in the difficult area of Balochistan but the other provinces are not holding these elections. KP had also given schedule.”
He questioned if LB polls system has been implemented in Punjab or not. Razzaq A Mirza said it was in place before but it is not in place now. Justice Khawaja remarked, “Are there such provisions in the constitution under which this constitutional matter could be put on hold due to some compulsion? Balochistan is considered the smallest province and it is said Balochistan will first of all comply with the order and then the other provinces will do it.”
Akram Sheikh said all the institutions will remain dysfunctional unless the powers are devolved to the grass root level. “This situation prevails now. The objective of constitution stands suspended,” he said.
Justice Sarmad remarked, “Why the matter of delimitation of constituencies in Karachi has not been resolved so far?” AG Sindh said bill has been tabled in Sindh Assembly to this effect. The dispute over delimitations started in 2010 and several political parties approached the courts. Eventually the SC resolved this problem, he said.
Justice Khawaja remarked, “We are not seeking explanations. Time has now elapsed. This is time for action. The constitutional requirement has not been met since 2005. Prima facie governments are not capable to implement the constitution. We are neither politicians nor do we know politics. We have to give decision as per law and constitution. No one should come to us to tell that they are politicians and not implementing constitution is their compulsion. Where do not political differences exist? In Turkey, people went into scuffle but they don’t say that they don’t accept constitution.”
Justice Sarmad remarked delimitation of constituencies cannot be carried out on political basis in Sindh. AG Sindh said, “We will hold polls. We have to carry out delimitation of constituencies.” Justice Sarmad remarked, “Why Sindh government is seeking time till 2016. Why the polls cannot be held in next month.” Justice Khawaja remarked game is being played with constitution. The hearing of the case was adjourned till today (Friday).