ISLAMABAD: The Islamabad High Court (IHC) will deliberate, on Monday, whether the local government elections in Islamabad should be held under the presidential ordinance or otherwise.

Justice Mohsin Akhtar Kayani is hearing identical petitions filed against the Islamabad Capital Territory (ICT) Local Government Ordinance 2021.

Under the ordinance, the local government elections are proposed to be held in May this year.

The Metropolitan Corporation Islamabad (MCI) ceased to exist on Feb 15, 2021, after completing its five years terms. The last LG elections held in November 2015 were won by the PML-N.

The Pakistan Tehreek-i-Insaf (PTI) government has promulgated the presidential ordinance for holding the LG elections.

Under presidential ordinance, LG polls in Islamabad are to be held in May

According to the petitions, the ordinance is a time-barred legislation that has serious consequence for the provinces of Pakistan, whose resources were used to build the federal capital.

Legislation of this nature and its implications both in terms of assets, finances and job prospects for the federating units, should have been debated in parliament, it stated, adding the fact it was not done violates the Constitution of Pakistan.

The petitions alleged that it was absurd to elect an entire tier of the federation upon the basis of a mere temporary law, adding law of this nature, which cannot possibly provide tenure protection to the elected local government, falls short of the requirements of Article 140.

It contended that this law is patently in excess of the mandate of Article 89 of the Constitution whose scope is limited to emergency legislation.

A petition criticising the LG ordinance stated that it was promulgated without fulfilling necessary formalities.

It said the ordinance “introduced an altogether new structure of the local government in Islamabad and created multiple tiers within the local government. In doing so, they have provided mechanism for direct election of the mayor of Islamabad, no deputy mayor, created ICT council which would be an unelected nominated body of members to be appointed/nominated by political parties, and neighbourhood councils which had no direct link even with the mayor of Islamabad.”

The petition contended that the ordinance had repealed a law which was based upon an Act of parliament.

Published in Dawn, February 7th, 2022