ISLAMABAD: The Supreme Court has declared that the absence of local government bodies for the past nine years is against the constitution, and vested the Election Commission of Pakistan (ECP) with the authority to carry out delimitation of constituencies in Punjab.

Now the commission will not only hold local government elections in Punjab by Nov 15 but also carry out the delimitation process.

The delimitation of wards done by the provincial government under the Punjab Local Government Act of 2013 had been set aside by the Lahore High Court on Dec 31.

The Sindh High Court had also held illegal on Dec 12 the delimitation of wards in the province.

The ECP challenged both the judgments in the Supreme Court, whereas the Sindh government, Muttahida Qaumi Movement (MQM), Sindh United Front and PML-F also filed appeals against the SHC verdict.

The apex court issued its decision about Punjab on Wednesday, while the SHC has yet to release a detailed judgment stating reasons for setting aside the delimitation in Sindh and the ruling on the petitions pertaining to the matter had been reserved on March 3.

Balochistan held the local government elections on Dec 7, while the Khyber Pakhtunkhwa government has been ordered by the Supreme Court to complete arrangements within a month for holding the polls.

But an ECP officer said the order authorising the ECP to carry out delimitation in Punjab might also affect the process in Khyber Pakhtunkhwa.

Since the provincial laws governing the delimitation of wards would become meaningless after authorising the commission to do the job, the authorities in Khyber Pakhtunkhwa would wait for legislation by parliament to make the ECP more powerful, he said.

In reply to a question, the official said the commission did have the expertise required to carry out delimitation.

The verdict, authored by Chief Justice Tassaduq Hussain Jillani, ordered the ECP to ensure that the announcement of schedule and the process of holding the elections was complete by Nov 15.

Describing the delay of over nine years in holding the local government elections as a violation of the constitution, the court asked the federal and Punjab governments to carry out legislation to empower the ECP to initiate and carry out delimitation of constituencies for elections at the lowest tier.This exercise should be completed within five months, after which the ECP will take measures to carry out delimitation of constituencies expeditiously, so as to complete the same within 45 days after amendments to laws.

The court held Sections 8 to 10 of the Punjab Local Government Act, 2013 and the rules that allowed the provincial government to carry out the delimitation for the local governments as ultra vires of the constitution.

It said the delimitation of constituencies of local governments was part of the process of organising and holding elections honestly, justly and fairly, which was the constitutional mandate of the ECP. Therefore, the power to carry out delimitation should vest with the commission.