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• IHC orders election watchdog to hold LG polls in the capital today, as per earlier schedule
• Commission, minister say order’s implementation ‘impossible’, announce decision to challenge court’s direction
ISLAMABAD: After a day of whirlwind legal proceedings, the Election Commission of Pakistan (ECP) said on Friday night that local bodies elections in Islamabad cannot be held on Dec 31 (today).
Earlier in the day, the Islamabad High Court (IHC) had ordered the ECP to hold the polls on Saturday — giving the machinery less than 24 hours to implement its directions.
An ECP official told Dawn that it was “practically impossible” to hold an electoral exercise, even within Islamabad alone, on such short notice.
The remarks came after Chief Election Commissioner Sikandar Sultan Raja held a meeting to consider the IHC verdict.
The official said that logistical arrangements were not in place to move the election equipment, nor was polling staff available to conduct the exercise.
Even if returning officers were there, no security arrangements were in place for the elections, he told Dawn.
The federal government has also decided to challenge the IHC’s decision before a two member division bench.
The appeal, which is expected to be filed on Saturday, will be taken up by the court on Monday.
Meanwhile, Interior Minister Rana Sanaullah said the federal government was not in a position to hold local government elections in Islamabad as per the IHC orders.
“We respect the [Islamabad High Court], but holding the elections is not possible as arrangements cannot be made in such a short period,” the minister told a private TV channel after the verdict.
Since the “ground realities” do not permit the government to conduct the polls, the Centre will file an intra-court appeal against the order, he said.
“The order was issued in the evening after office hours. How is it possible to make the arrangements for the [elections]?” Mr Sanaullah asked.
He sought a new schedule and ruled out any assistance to the ECP to hold the polls on Dec 31.
Mr Sanaullah added the polls would take place in three to four months as the new delimitation will be required after an increase in the number of union councils.
IHC orders
The elections were earlier scheduled to be held on Dec 31. However, the federal government, earlier this month, increased the number of union councils (UCs) –from 101 to 125 – in the capital, effectively putting off the elections.
Following the decision, the ECP postponed the polls as they couldn’t have been held without fresh delimitations.
On Friday, the IHC not only quashed the federal government’s decision but also the subsequent ECP notification to postpone the polls.
Justice Arbab Muhammad Tahir announced the verdict on petitions moved by Pakistan Tehreek-i-Insaf (PTI) and Jamaat-i-Islami against the postponement.
He also directed the federal government to facilitate the ECP in holding the polls.
In its response, the ECP told the court that federal and provincial governments change laws to “create hurdles” in timely electoral exercises.
It said that Section 219(1) of the Elections Act, 2017 empowered the ECP to conduct polls in provinces and Islamabad within 120 days.
The ECP said it also recommended amending Article 140(A) of the Constitution and Section 219 of the Elections Act, 2017 to ensure timely elections.
When asked to give a fresh timeline in light of the Centre’s move, the ECP told the IHC that it would take four months to conduct the elections in 125 UCs.
The ECP told the bench that over Rs157 million were allocated for the polls, out of which Rs55m were already spent.
The ECP director general also told the court that the commission was prepared to hold the elections as all arrangements were in place except for the transportation of the equipment.
The court noted that the said arrangements could be made in two days as the training of the staff and ballot paper printing had already been done.
He said that the commission needed seven to ten days to hold the elections, per old delimitations, as it needed to book halls and make security arrangements.
In his arguments, PTI’s lawyer Sardar Taimor Aslam said the ECP attempted to place its burden on IHC, adding the court had never directed to postpone the elections.
The ECP’s stance was based on proposed legislation, he added.
Justice Arbab remarked that if the election’s schedule was not challenged before any court it was still in course.
The judge also asked for the reasons to increase the number of union councils just 12 days before the elections.
In his reply, the law officer representing the government said the number increased due to the rise in population after 2017.
He said the new legislation also changed the method to elect the mayor and deputy mayors.
The polls were expected to take place as per the announced schedule before the federal cabinet, on Dec 19, approved a summary to increase the number of UCs, leaving both the candidates and the ECP surprised.
Later, the government frantically passed the bill in a hurriedly called session of the National Assembly on Dec 22.
Published in Dawn, December 31st, 2022
