ISLAMABAD, Nov 13: The Supreme Court put an end to raging arguments over the schedule for local bodies’ elections by taking a step back and acknowledging on Wednesday that the Election Commission of Pakistan (ECP) and the provincial governments had demonstrated their commitment to the constitution in this regard.
Since a revised poll programme had been issued for the polls in Punjab, Sindh and Khyber Pakhtunkhwa, besides the elections in Balochistan on Dec 7, as already fixed, therefore, “we are of the opinion that the ECP and the provincial governments have shown their commitment to the constitution,” the court said.
Legal observers are of the opinion that the order amounts to accepting a request of the ECP to reschedule the elections to Jan 30 in Punjab, Jan 18 in Sindh and in February in Khyber Pakhtunkhwa.
The order came a day after a second unanimous challenge by the National Assembly and perceived reluctance by the ECP to implement earlier directives of the court to honour the constitutional provisions of organising the elections by Dec 7 as suggested by the provinces.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry, which had taken up a letter of the commission in this regard, disposed of the matter, thereby ending the ruckus over the issue.
The ECP letter requested the court to allow poll date extension in the provinces and cantonment areas.
While the court accepted the request, it had some flak reserved for the ECP. It said the commission should always remain prepared to meet the challenge, and whenever any request for holding elections was made by the federal or a provincial government it should entertain it at the earliest. “It is the duty of the ECP to hold the elections of local bodies in terms of Article 140A(1).”The observation came against the backdrop of difficulties mentioned by the ECP in its letter, like unavailability of magnetised inkpads and printing of a huge number of ballot papers in a short time.
The court recalled that while hearing a case on the law and order situation in Balochistan on April 5 last year, it had felt that the main problem of the province was of a socio-economic nature which could be solved only if the general public was empowered by holding local government elections which was a constitutional obligation of the government under Article 32 of the Constitution.
It said the provisions relating to empowering the people politically, administratively and financially through their chosen representatives by establishing a system of local government under Articles 32 and 140A of the Constitution should be strictly observed.
Attorney General Muneer A. Malik said the government had requested the commission to hold the elections in cantonment areas. However, the ECP had asked the government to meet certain requirements which, he said, would be done soon.
The court emphasised that the federal and provincial governments were duty-bound to hold the elections in their areas.































