ISLAMABAD: The Supreme Court on Tuesday expressed its annoyance with the provinces for not holding the local bodies (LB) elections and said that they will now give the date, and the polls must be held on that date. A three-member bench of the apex court, headed by Justice Jawad S. Khawaja, was hearing the case on LB elections in the provinces.During the hearing, Justice Jawad observed that the court had got tired of giving date after date, and it seems from what was going on that LB polls would not be held even in the next 10 years. Justice Sarmad Jalal Osmani, another member of the bench, said that the Constitution demands holding of the LB polls and “we will give the date and the elections must be held on that date”. — NNI Sohail Khan adds: The bench sought notifications from the Election Commission of Pakistan (ECP) secretary, for holding of elections in Khyber Pukhtunkhwa, Sindh and Punjab. The court also directed DG Elections Sher Afgan, to also give reasons in writing as to why the people of three provinces were deprived of exercising their right of franchise for the last five years. Sher Afgan, ECP Director General for Elections, submitted before the court the schedule for the province of KP should be finalised for April this year, for Punjab it should be fixed for November this year, and for Sindh it should be set for February 2016. “I want to know the reasons why the people of these provinces have been deprived of exercising their right of franchise for the last five years,” Justice Jawad asked the official. The official told the court that the commission had started the process in Khyber Pukhtunkhwa and displayed the electoral rolls. “Give us the notification issue for the schedule of election in three provinces and also give us the reasons as to why election were not ensured during the past five years,” Justice Jawad S Khawaja directed the official. During the hearing, Justice Jawad S Khawaja while addressing Muhammad Akram Sheikh, counsel for the ECP, observed that the commission was in debt of nine years for not holding the local bodies election for the last nine years. He asked the counsel to read out articles 218 and 219 of the Constitution that relate to holding of local bodies election in the country. The counsel admitted that people had been deprived of exercising their right of franchise but contended that there had to be a law empowering the ECP to carry out delimitation of the constituencies. The court observed that the Constitution had already empowered the commission to fulfil its constitutional obligation. Justice Jawad S Khawaja gave a letter to Akram Sheikh sent to him by a citizen, complaining about the officials of union councils asking for bribe in return of Form B. In the letter, the citizen had informed him that the school authority asked him to produce Form B for the admission of his son and for this purpose he went to a union council for getting Form B for which he was asked for a bribe of Rs5,000 for getting Form B. He further said that in the absence of Nazim, people were facing problems and requested the court to ensure holding of local bodies election. Justice Jawad S Khawaja further said that they had been receiving such type of letters from citizens, complaining of absence of local bodies election. During the hearing, Additional Advocate General Sindh Adnan Karim told the court that the governor had signed the draft of legislation for the elections. Meanwhile, the court sought from the Election Commission, notifications for the three provinces regarding the schedule for local bodies election and also directed the DG Elections to give reasons as to why local bodies elections were not held for the last five years and adjourned the hearing till today (Wednesday). Later, the same bench heard the contempt petition filed by Raja Rab Nawaz, advocate, seeking initiation of contempt of court proceedings against Prime Minister Nawaz Sharif for not holding the elections in the Cantonment Board areas of the country. During the hearing, the court sought an explanation from the Attorney General for Pakistan for not complying with its order of ensuring holding of election in the Cantonment Board areas of the country, hinting at issuing a notice to the chief executive of the country if the explanation was not found satisfactory. The court observed that when it was the wish of the government, it could issue an ordinance overnight. However, the court order on ensuring local bodies elections in the cantonment board areas of the country was not complied with so far. “No diligence was shown so far for complying with the court’s order,” Justice Jawad S Khwaja remarked during the hearing. The court also summoned Raja Rab Nawaz, advocate, today (Wednesday) and directed Attorney General (AG) Salman Aslam Butt to explain as to why the court’s order on holding of local election in the Cantonment Board areas was not complied with in letter and spirit. On the last hearing, on February 27, 2015, the court had sought the assistance of Attorney General for Pakistan in a contempt petition filed against the prime minister for not complying with its order on holding of elections in the Cantonment Board areas. The petitioner had requested the court to issue a notice to the respondent (PM) for violating the court’s order. The court, however, in its order had ruled that at the moment, it would not issue a notice to the chief executive of the country but asked the AG to assist it in the instant matter so that appropriate proceedings could be initiated. On Tuesday, the AG appeared before the court and submitted that the ordinance on holding of local bodies election in the Cantonment Board areas was ready, however, the government was waiting for the prorogation of the assembly session. Earlier, he submitted that some anomalies were found in the draft of the said ordinance at which the prime minister had sought opinion from the Law Ministry but now he said that the ordinance was ready for promulgation after the session of parliament was prorogued. Justice Khawaja, however, observed that for the last 17 years, elections in the Cantonment areas of the country were not held due to which the people had suffered a lot. The attorney general said the ordinance was ready and will be soon promulgated, adding that even the court could ask the ECP to hold the election in the Cantonment areas under the Ordinance of 1924. Meanwhile, the court directed the AG to give an explanation today (Wednesday) as to why its order was not yet complied with in letter and spirit, hinting that if the explanation was not satisfactory, the chief executive of the country would be issued a notice.
