RAWALPINDI: The Lahore High Court (LHC) directed the Election Commission of Pakistan (ECP) on Tuesday to complete the delimitation of union councils and announce their fresh election schedule at the earliest.

The detailed judgment was issued by LHC Justice Mehmood Ahmad Bhatti.

The LHC judge said in the order, “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, their actions impugned in these petitions are declared without lawful authority and are of no legal effect.”

Hence, the judge said, the process of delimitation resulting in the creation or abolishment of union councils is to be carried out again to bring it in accord with the law.

On October 2, the LHC had declared the new delimitation of union council divisions for upcoming local bodies elections null and void and had restored the old delimitations.

In a previous hearing of a similar case, an LHC bench had said delimitation was the district government’s job and not the Election Commission’s.

This recent decision will mean the process for local bodies elections will have to start afresh. Before this decision, the process was to start on October 3 when candidates were expected to submit their nomination papers.

Former Nazims of the union council of Numbal in Murree, Sajid Abbasi and Arshad Nawaz had challenged the annexation of some parts of this union into Tret and Murree city.

Haroon Abbasi, former Nazim of Murree, and others has also challenged the delimitation of Jawa, Ghora Gali and other unions. There were other petitions from different parts of Rawalpindi division including Taxila and Rawalpindi City.

The petitioners, through their counsel Raja Shafqat Abbasi, said the Election Commission had not considered local and geographical conditions when they issued notifications for the new delimitations.

They said the new delimitation will create problems for residents and it violated the right of adult franchise of the local people.

The petitioners requested the court to declare the new delimitation as null and void as it is against the Constitution and also against the fundamental rights of the people.

Published in Dawn, October 7th, 2015

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