LHC orders party-based LG polls in Punjab cantonments

LAHORE: The Lahore High Court (LHC) on Monday directed the federal government to hold party-based local government (LG) elections in cantonments throughout Pakistan, terming non-party elections unconstitutional.
The court further directed the federal government and the Election Commission of Pakistan (ECP) to issue directions to the returning officers (ROs) to accept party-based nomination papers from Tuesday (today).
“For reasons to be recorded later, Section 61 of the Cantonment Ordinance, 2002 and Section 14 of the Cantonment Local Government (Elections) Ordinance, 2002 are struck down as being ultra vires of Article 17 (2) of the Constitution of the Islamic Republic of Pakistan, 1973,” the order said.
Justice Syed Mansoor Ali Shah issued the order while hearing a set of petitions challenging the non-party based LG polls in cantonments.Justice Shah made it clear that LG polls in cantonment areas would be held as per schedule issued by the ECP.
He further said the candidates, who had already filed their nomination papers, would have the facility to revise the same by indicating their political party, if any, latest by Tuesday (today). However, he directed the ECP and the federal government to enforce the schedule issued for the elections.
PTI Punjab President Ijaz Ahmad Chaudhry and others had challenged non-party elections in cantonment areas.At the outset, the petitioners’ counsel argued that the LHC had already declared non-party elections as unconstitutional.
Deputy Attorney General (DAG) Irfan Akram said the issue of LG elections and non-party elections was not taken up by the SC. He said the federal government and the ECP were bound to hold LG polls on April 25.
The DAG opposed the petitioners’ counsel saying that delimitation and announcement of LG polls was not a matter of provinces but of the federal government.The petitioners’ counsel, however, said holding election on party basis was a constitutional demand. He said Section 14 of Cantonment Local Government Ordinance, 2002 denied political identity to the elected representatives of local governments.
He said the said provision was in conflict with the obligation under Article 140A(1) of the Constitution to devolve political responsibility and authority to the elected representatives of local governments.
The petitioner prayed to the court to declare non-party LG elections in cantonments unconstitutional and Section 14 of the Ordinance may be declared ultra vires of Article 17(2) and 140A of the Constitution.
Online adds: Meanwhile, the PTI and PPP have constituted election committees to contest the LG polls in cantonment areas of Rawalpindi. The PTI backs the Naya Pakistan Panel, while the PPP supports the Awam Dost Panel.
PTI senior leaders Shah Mehmood Qureshi and Jahangir Tareen will hold meetings with party workers on April 6, while the PPP will hold a public rally in the cantonment on April 4 to mark the anniversary of the PPP founding leader Zulfikar Ali Bhutto.
Also, delimitation process of union councils (UCs) in Sindh would begin from May 20, the ECP announced Monday.According to the schedule issued by the Sindh Election Commission, the final notification of delimitation would be issued by July 28, as the local government polls in the provinces are scheduled for September 20.