PHC to deliver verdict on petitions against LG polls on non-party basis today

PESHAWAR: The Peshawar High Court (PHC) is going to deliver a judgment in writ petitions challenging holding of local government elections 2015 for village and neighbourhood councils on non-party basis.
A division bench comprising of Chief Justice Mazhar Alam Miankhel and Mrs Justice Irshad Qaisar on May 6, had reserved the judgment on two identical constitutional petitions filed by provincial parliamentary leader of Awami National Party (ANP) Sardar Hussain Babak and provincial information secretary of Jamiat Ulema-i-Islam-Fazl (JUI-F) Abdul Jalil Jan
Now, the cases are fixed for announcement today (Tuesday). As per the high court’s cause list, the PHC Chief Justice and Mrs Justice Irshad Qaisar would announce the decision. The high court’s lawyers including Aminur Rehman Yousafzai and Muhammad Ayaz Khan said that if the high court allowed the writ petitions then the local bodies’ polls would be postponed in the province, as the elections would be held after correction of some sections in the KP Local Government Act, 2013, which are in conflict with the Constitution.
They said that the amendments in the act and reprocess for submission of nomination papers for village and neighborhood councils could take two to three months. The petitioners lawyers Khushdil Khan, Abdul Latif Afridi and Muhammad Essa Khan had argued the case and requested the court to term the holding of present local government polls under the KP Local Government Act, 2013 as void.
He said under Section 27(2) of the KP Local Government Act, 2013, elections for the village/neighbourhood councils across the province should be held on non-party basis and those of district and tehsil councils on party-basis.
The lawyer said the holding of polls on non-party basis was a violation of Articles 17 and 148 of the Constitution and that the court might order to hold it on party basis.He pointed out that the Lahore High Court had also delivered a judgment under which local bodies elections in Punjab would be held on party-basis whereas earlier the government was holding it on non-party basis.
Khyber Pakhtunkhwa Advocate General Abdul Lateef Yousafzai in his arguments before the bench defended holding of village and neighbourhood councils elections on non-party basis.He said that aim of the election on non-parties basis in village and neighbourhood councils was to create a bond between the members of the councils to jointly resolve the problems of the village.On the other hand the candidates who are cleared for contesting the election for village and neighbourhood councils have started their election campaign.