Holding LB polls a constitutional obligation: SC
Bill for LB polls in Islamabad Capital Territory pending in parliament
By our correspondents
July 07, 2015
ISLAMABAD: The Supreme Court (SC) observed on Monday that holding the local government (LG) elections was a constitutional obligation which must be ensured by the government in order to enable the masses to elect their representatives at the local level.
A three-member bench of the apex court headed by Justice Jawwad S Khawaja resumed hearing in the case on the Islamabad Capital Territory (ICT) Local Government (LG) elections.During the hearing, Additional Attorney General Aamir Rehman informed the court that the Local Government Bill for the Islamabad Capital Territory (ICT) had been pending in the Upper House of Parliament (Senate) since March adding it was not possible that it could be passed before Eid.
Justice Jawwad S Khawaja observed that holding of LG elections was a constitutional obligation, which would have to be ensured enabling the people to have their right of franchise and to elect their representatives at the local level.
“Are the people living in Islamabad third category citizens having no right to choose their representatives at the local level?” Justice Jawwad questioned adding that the government had repeatedly assured the government that the said bill would be passed at the earliest.
The court was informed that after the passage of the said bill from the National Assembly on March 26, 2015, it was now with the committee of the Upper House of Parliament.
The additional attorney general apprised the court that it was not possible that the instant bill could be passed before Eid. Justice Jawwad S Khawaja observed that holding of the LG elections could resolve the menace of terrorism as well as improve the law and order situation as he said that the elected local representatives would be in a better position to know about the people living in the localities.
The Secretary Election Commission of Pakistan (ECP), Babar Yaqoob Fateh Malik, while appearing before the court submitted that they were ready to hold the polls in the federal capital. However, he said that in order to hold the LG elections on the party basis, the government wanted to make an amendment to the ICT Local Polls law saying if the amendments were made, the whole exercise so far made for the elections would be revised.
Similarly, he said, that there was a row over the issue of the age of contesting candidates and the issue cropped up after the legislation from the National Assembly while it was being stressed that the elections should be held on party-basis.
If it was done so, ballot papers for the elections would be re-printed, the ECP secretary added.Justice Jawwad S Khawaja observed if the amendments were made to the law, it would be again forwarded to the National Assembly which could take time. He further observed that by that time, the court could not pass any order. The court asked the additional attorney general to seek instructions from the government and inform the court today (Tuesday).Meanwhile, the court adjourned the hearing till today (Tuesday).
A three-member bench of the apex court headed by Justice Jawwad S Khawaja resumed hearing in the case on the Islamabad Capital Territory (ICT) Local Government (LG) elections.During the hearing, Additional Attorney General Aamir Rehman informed the court that the Local Government Bill for the Islamabad Capital Territory (ICT) had been pending in the Upper House of Parliament (Senate) since March adding it was not possible that it could be passed before Eid.
Justice Jawwad S Khawaja observed that holding of LG elections was a constitutional obligation, which would have to be ensured enabling the people to have their right of franchise and to elect their representatives at the local level.
“Are the people living in Islamabad third category citizens having no right to choose their representatives at the local level?” Justice Jawwad questioned adding that the government had repeatedly assured the government that the said bill would be passed at the earliest.
The court was informed that after the passage of the said bill from the National Assembly on March 26, 2015, it was now with the committee of the Upper House of Parliament.
The additional attorney general apprised the court that it was not possible that the instant bill could be passed before Eid. Justice Jawwad S Khawaja observed that holding of the LG elections could resolve the menace of terrorism as well as improve the law and order situation as he said that the elected local representatives would be in a better position to know about the people living in the localities.
The Secretary Election Commission of Pakistan (ECP), Babar Yaqoob Fateh Malik, while appearing before the court submitted that they were ready to hold the polls in the federal capital. However, he said that in order to hold the LG elections on the party basis, the government wanted to make an amendment to the ICT Local Polls law saying if the amendments were made, the whole exercise so far made for the elections would be revised.
Similarly, he said, that there was a row over the issue of the age of contesting candidates and the issue cropped up after the legislation from the National Assembly while it was being stressed that the elections should be held on party-basis.
If it was done so, ballot papers for the elections would be re-printed, the ECP secretary added.Justice Jawwad S Khawaja observed if the amendments were made to the law, it would be again forwarded to the National Assembly which could take time. He further observed that by that time, the court could not pass any order. The court asked the additional attorney general to seek instructions from the government and inform the court today (Tuesday).Meanwhile, the court adjourned the hearing till today (Tuesday).
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