MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) High Court directed the government on Friday to appoint Election Commissioner for Local Bodies within a month and hold LB elections across the country within five months.

The directive was issued by Justice M. Tabassum Aftab Alvi, on a writ petition filed by Raja Sajjad Ahmed, a former vice chairman of the AJK Bar Council.

The petitioner-lawyer contended that the AJK Legislative Assembly had enacted the AJK Local Government Act, 1990, for constitution of local government institutions across the territory.

Know more: Former AJK PM joins PTI

However, after 1995, these institutions were being run by the governments through administrators – either government officials or their political workers, thus depriving the people of their statutory and fundamental right to elect their representatives, he argued.

The petitioner also drew the attention of the court towards repeated public announcements by AJK rulers regarding holding of LB polls, but taking no concrete step for the purpose.

Appearing for the AJK government and others concerned, Advocate Abdul Sammie Khan said that the government required Rs200 million for voters’ list and the amount had not been provided by the finance department in 2011.

In his judgment, Justice Alvi pointed out that the government could supersede a local council for such a period that did not exceed the residue of its specified term.

“However, when a local council is superseded, fresh elections to the same shall be held within a period of 90 days after the expiry of the period of supersession,” he said, adding that the government could not, therefore, suspend local bodies and appoint administrators for an indefinite period as per its sweet will.”

Justice Alvi further said that it was a binding obligation on the government to make necessary arrangements for free, fair and transparent LB elections, including appointment of Election Commissioner, for the purpose of organising, conducting and supervising LB elections and matters connected therewith.

“This is a command of law which is statutory obligation of respondents jointly and severally,” he held.

He also took strong exception to the contention about non-availability of funds for preparation of electoral rolls.

Quoting section 17 of the Act, he said that electoral rolls prepared for the Legislative Assembly elections could serve as electoral rolls for LB polls, after the requisite rearrangement.

“Therefore the pretext of unavailability of Rs200 million is a lame excuse on the basis of which respondents cannot be allowed to frustrate the basic provisions of the Act,” he declared.

The learned judge also dismissed the contention that the petitioner was not an aggrieved party and said that he had filed the petition for enforcement of a statutory law that was linked to roots of the basic democratic system. 

In September 2013, AJK’s Senior Minister for Local Government and Rural Development Chaudhry Mohammad Yasin had announced that the government would hold LB elections in April 2014, after appointing the election commissioner and allied staff for local bodies and compiling electoral rolls and carrying out demarcation of wards.

Published in Dawn March 7th , 2015

On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play