ISLAMABAD: Justice Arbab Mohammad Tahir of the Islamabad High Court (IHC) has sought a reply from the federal government and the Election Commission of Pakistan (ECP) for not holding the local bodies (LB) elections despite the order of the court.

Justice Tahir issued notices to the interior secretary, chief commissioner, and the ECP Secretary while hearing a petition for setting up an abattoir in the federal capital.

The judge noted that the Municipal Corporation of Islamabad (MCI) was being run through makeshift arrangements. The court directed them to file a report and explain the inordinate delay in the implementation of the order regarding local government elections. Further hearing in this matter has been adjourned till May 29.

In March last year, the Election Commission of Pakistan gave an undertaking to the IHC division bench to hold LB elections in Islamabad within four months. The bench comprising Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz was hearing the intra-court appeals of the federal government and the ECP filed against the order of the single-member bench to hold the local government elections on Dec 31. Justice Arbab Mohammad Tahir ordered this on Dec 30.

Justice Arbab issues notice to ECP, federal govt; says MCI operating on makeshift arrangements

The LG elections were scheduled to be held on Dec 31, 2022; however, the federal government on Dec 19 increased the number of union councils from 101 to 125. The ECP rejected this increase and vowed to hold the elections as per the schedule. The federal government filed a petition before the IHC and the court asked the election watchdog to examine the legal aspects after hearing the government’s point of view.

The ECP on Dec 27 postponed the LG elections; however, the Pakistan Tehreek-i-Insaf and Jamaat-i-Islami challenged this decision before the IHC. Justice Arbab Mohammad Tahir after day-to-day hearing allowed the petitions of the PTI and the JI and directed the ECP to hold the elections as per schedule on Dec 31.

It may be mentioned that the LB elections were held in Islamabad in 50 UCs in 2015.

The elections of the local bodies were scheduled for June 2022; however, these were delayed after the government increased the UCs to 101.

The IHC division bench directed the government not to change the number of UCs after the announcement of the election schedule.

On Feb 1, last year, the federal government explained that due to a change in Islamabad’s territorial limits and demography, the increase in union councils was indispensable; the court however observed that the government’s power was not absolute.

The federal government explained that in the past, local government elections were scheduled to be held in the rural areas of Islamabad and after the promulgation of Islamabad Capital Territory Local Government Act, 2015 the jurisdiction of the local government also extended to urban areas. In 2015, the LG elections were held in 50 UCs.

In 2021, the PTI government promulgated an ordinance for direct elections of the mayor, and a union council comprised 20,000 citizens under the law. The IHC on March 16, 2022, scrapped this ordinance and the ECP issued a schedule to hold the LG elections in 50 UCs.

The government increased the number of UCs to 101 as there was a need for more UCs because the boundaries of the capital had been re-defined, as per the government’s claim before the court.

Published in Dawn, May 16th, 2024