LHC throws spanner in the works
Orders ECP to formulate new regulations for delimitation but wants Punjab govt to hold polls per schedule
Law minister says Punjab accepts LHC’s verdict, will not appeal verdict in SC
BLURB
“Fresh delimitation in the province will require at least five to six months which would mean that holding LG elections in Punjab on January 30 will not be possible.”
Rana Sanaullah
Punjab Law Minister
A day after the Sindh High Court declared amendments in the Sindh Local Government Act-2013 unconstitutional and illegal, the Lahore High Court (LHC) on Tuesday declared Sections 8 and 9 of the Punjab Local Government Act (PLGA) 2013 illegal, but bound the provincial government to ensure the elections as per schedule.
The LHC’s full bench said that a new law should be created and implemented to tackle the issue of delimitation, and asked the Election Commission of Pakistan (ECP) to carry out new delimitation of constituencies in Punjab. Sections 8 and 9, which fall under the local areas chapter of PLGA, are related to the delimitations of union councils and wards in municipal committees respectively.
The bench also directed the Punjab government to make necessary amendments in the Local Government Act and also ensure local government elections as per schedule.
The three members bench comprising Justice Syed Mansoor Ali Shah, Justice Muhammad Farrukh Irfan Khan and Justice Atir Mehmood passed the short order on a set of petitions against delimitation of the constituencies in Punjab.
Earlier, petitioner’s counsel Azhar Siddique submitted that the Election Commission had authority to hold local government elections after amendments in Section 140-A2 of the constitution through 18th Amendment.
He said that the provincial government did not have authority to hold delimitation of the constituencies whereas section 7, 8 and 9 of Punjab Local Government Act were in violation of the constitution. He said that the Section 10(A) was added in the Act with a mala fide intention and courts were barred to review the delimitation issues after announcement of election schedule.
He said that under Article 199 of the Constitution, the LHC had unlimited powers to take up constitutional and legal issues. He further submitted that the Election Commission had complete powers to hold local government elections, from delimitation of the constituencies to holding elections.
To a court query, the Acting Advocate General Punjab told that the delimitation of the constituencies were conducted in a transparent manner and necessary time was given for objections.
He further submitted that the provincial government had complete authority to hold delimitation of the constituencies. He pointed out that the delimitation of constituencies was also conducted by the Punjab government in 2000 for local government elections. He contended that the delimitation of the constituencies was not part of the election process.
However, the bench observed that the role of courts were not clear in laws and if administration made a wrong decision then a door should be provided for approaching the court. Where people should go for justice, if the administration performs all jobs, the bench added.
The bench directed the Additional Advocate General to seek instruction from the Punjab government whether it could ask the Election Commission for delimitation.
After a break, the acting advocate general appeared before the bench and said that the Election Commission was an independent institution and the government could not directly ask the Election Commission for delimitation of the constituencies.
Opposition leaders in the province hailed the ruling, saying the verdict demonstrated that the judiciary was functioning as an independent institution.
PUNJAB WON’T APPEAL:
Commenting on the LHC’s verdict, Punjab Law Minister Rana Sanaullah said the Punjab government had accepted the court’s verdict, adding that it would not be approaching the Supreme Court in this regard.
Sanaullah said fresh delimitation would be started in light of the LHC order but added that for improved delimitation, a fresh census was a constitutional necessity.
He said that fresh delimitation in the province would require at least five to six months of time which would mean that holding local government elections in Punjab on January 30 would not be possible.
It’s not good for present government . Government don’t want to hold election but our nation wast lot of time and wast there money for election as well as candidate’s become enemies due to election . It’s not good behavior with their loyal workers please hold election on 30 January .
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