ISLAMABAD: The Islamabad High Court (IHC) on Monday sought reply from the administrator of Metropolitan Corporation Islamabad (MCI) on petitions filed against a threefold increase in the property tax.

IHC Justice Mohsin Akhtar Kayani took up two identical petitions against the ‘inordinate’ hike in the property tax that has also been extended to private housing societies in Islamabad.

The court also sought explanation from the Election Commission of Pakistan (ECP) and the secretary interior as to why local government elections in the federal capital had been delayed for so long.

The petitions were filed by retired air commodore Akhtar Nawaz Khan, president Residents Welfare Association F-15/G-15, and Daniyal Abdullah Kiani, general secretary Islamabad City Council, a coalition of citizens.

The petitioners challenged a notification whereby property tax has been raised by over threefold in Islamabad Capital Territory (ICT).

Counsel for the petitioners Barrister Umar Ijaz Gilani argued that the right to decide the rate of taxation was reserved for elected representatives of the people. The principle of “no taxation without representation” is adhered to in democracies all over the world. The role of the administrator is confined to day-to-day decisions. Therefore, the notification regarding an increase in the property tax is liable to be set aside.

The counsel further argued that under the Islamabad Local Government Act 2015, the administrator was supposed to hold his office for only six months. Therefore, the numerous extensions given to the administrator are without authority of law. He also stressed the need to ensure early elections for the local governments in Islamabad.

Justice Kayani remarked that the delay in the local government elections was indeed a cause of concern and represented a deviation from the constitutional scheme under Article 140A and various Supreme Court judgements.

Admitting the petition for regular hearing, Justice Kayani issued notices to the ECP, the federal government and the MCI administrator. He directed the ECP and the federal government to file a report explaining why elections for the local elections had been delayed despite orders of the IHC.

He also directed for issuance of notice to the administrator, directing him to explain the legal basis, if any, for extending the administrator’s term beyond six months provided in the law.

Published in Dawn, May 14th, 2024