ECP’s obligation is to hold LG polls, not seek time: SC

ISLAMABAD: The Supreme Court (SC) on Tuesday ruled that the Election Commission of Pakistan (ECP), being a constitutional body, must ensure holding of local government elections in Punjab and Sindh instead of seeking time and it must order the provinces to hold the LG elections.
The apex court said, “The ECP is bound to ensure holding of local government (LG) elections as enshrined in Article 140-A of the Constitution.”A three-member bench of the apex court, headed by Chief Justice Jawwad S Khawaja andcomprising Justice Dost Muhammad Khan and Justice Qazi Faez Isa, resumed hearing in the case of LG elections in Sindh and Punjab.
“It is for the ECP to fulfill its constitutional obligation by holding the LG elections in the two provinces where elections had not been held for the past six years,” the court ruled.Munir Paracha, counsel for the ECP, Sindh Advocate General Fateh Malik and Punjab Advocate General Naveed Rasool appeared before the court.
The ECP counsel submitted that the ECP wanted to ensure LG elections in the two provinces. However, due to the situation of recent flood, elections could not be held there. Hence they were seeking some time for holding the elections.
The court, however, observed that the main obligation of the ECP was to ensure holding of LG elections, not to seek time but to order the provinces to hold the elections. “Under Article 140-A, the ECP is bound to hold the LG elections in the two provinces and you should set the date instead of seeking more time,” Chief Justice Jawwad S Khawaja asked the learned counsel for the ECP.
The Article 140-A of the Constitution reads: “Each province shall by law establish a local government system and develop political, administrative and financial responsibility and authority to the elected representatives of the local governments.”
It further reads that “Election to the local governments shall be held by the Election Commission of Pakistan.”“Iran was at war with Iraq for some years but it held two elections during this period,” the chief justice observed.
The ECP counsel submitted that they wanted to hold the elections but the provinces asked for an extension in the elections schedule on the pretext of some difficulties. He again prayed to the apex court to give some time. Justice Qazi Faez Isa observed that it was the ECP’s responsibility to fulfill its constitutional obligation and ensure holding of LG elections in the two provinces.
“We cannot violate the Constitution and you have to fulfill your constitutional obligation, so do your job and abide by the Constitution,” Justice Isa asked the counsel for the ECP.He further observed, “I am shocked that a constitutional body is appearing before the other constitutional body praying for violation of the Constitution.”
Justice Qazi Faez Isa asked the advocates general of the two provinces as to whether they wanted to hold the elections. The advocates general of both the provinces replied in the affirmative. “Do you have any difficulty in holding the elections in the provinces?”
The advocates general replied in the negative. They added that they did not want to create any hurdles for the ECP in holding the LG elections in the provinces. Justice Dost Muhammad Khan observed that the previous government did not hold the LG elections while the incumbent government also remained without the LG elections for one and a half years.
Later, the court, while disposing of two applications of the ECP, ruled that under Article 140-A of the Constitution, the ECP should fulfill its constitutional obligation and ensure holding of LG elections in Sindh and Punjab.