Confusion continues over LG polls schedule

ISLAMABAD: After the Lahore High Court’s (LHC) directions to Election Commission of Pakistan (ECP) to announce a fresh schedule for Local Government (LG) elections in Punjab, ECP’s adherence to old schedule has created confusion everywhere.
The candidates are confused who to believe, LHC’s order or ECP’s schedule; the ECP has issued orders to the ROs that it will challenge the LHC decision so ROs must stick to old schedule thus creating confusion among the ROs whether they are committing contempt of court or not; the experts of the electoral laws are also confused what is going on after a clear LHC judgment.
It is worth mentioning here that LHC Rawalpindi Bench issued a judgment on Tuesday, a copy of which is available with ‘The News,’ ordering the ECP that the commission shall announce the fresh election schedule, after undertaking and completing the proceedings of delimitation.
The judgment says, “Having analysed the relevant provisions of the Local Government Act, 2013, I have no doubt in my mind that it falls outside the scope, range of the powers and functions of the Election Commission, a delimitation officer or a delimitation authority to create or abolish a union council. As they have exceeded their powers and jurisdiction, their actions impugned in these petitions are declared without lawful authority and of no legal effect. Consequently, the process of delimitation resulting in the creation or extinguishment of union councils is to be carried out afresh to bring it in accord with the law. The Election Commission shall announce the fresh election schedule, after undertaking and completing the proceedings of delimitation”.
However despite LHC judgment, the Returning Officers continued accepting nomination papers from the candidates across Rawalpindi division upon which the candidates expressed their confusion whether to submit their papers as per old delimitations or the new one.
When contacted, Tahir Farooq, a Returning Officer in Murree said they were not committing any contempt of court in terms of LHC judgment of rescheduling the Local Bodies elections as they were following the ECP directions.
“After receiving the copy of LHC judgment, we contacted ECP and asked what to do after the verdict. However the ECP directed us to continue accepting the nomination papers because the ECP has decided to challenge the decision in Supreme Court. We, as Returning Officers, are bound to follow the ECP directions and therefore they have not committed any contempt of court as individual,” commented Tahir Farooq.
Contrary to the RO remarks, ECP former secretary Kunwar Dilshad believes that ECP is committing contempt of court by not following the verdict and suspending the process of submission of nomination papers.
He said not only in Rawalpindi division but the people from other parts of the province also raised questions on the new delimitations and this would further damage the ECP’s reputation if it did not follow the LHC verdict.
“In my opinion this is a contempt of court and ECP must suspend the process of submission of nomination papers until the Supreme Court of Pakistan gave any judgment on the LHC verdict,” commented Kunwar Dilshad.
Advocate Chaudhry Khurram Manzoor who filed the petition against delimitation and got a favorable judgment from LHC when contacted said when the LHC had given its verdict, the ECP was bound to follow it.
“The non-implementation of LHC verdict will tantamount to the contempt of court. The ECP continued submitting the nomination papers from the candidates despite the LHC verdict and this is creating confusion among the candidates whether to follow the LHC judgment or the ECP,” commented Mr Khurram.