ISLAMABAD   -   The Islamabad High Court (IHC) Wednesday declared the Islamabad Local Government Ordinance 2021 as null and void.

A single bench of IHC comprising Justice Mohsin Akhtar Kayani announced the verdict which he had reserved earlier after hearing the arguments of all the parties. The petitions were moved by an association of over 1,300 officers and servants of the CDA who are citizens of Pakistan and hail from all the various federating units of this country while the other petition was filed by Sardar Mehtab Ahmed Khan former chairman of a UC of Islamabad through his counsel Adil Aziz Qazi Advocate.

The IHC bench also directed the Election Commission of Pakistan (ECP) to hold the local body elections in the capital under the Local Government Act 2015.

In this matter, the petitioner Sardar Mehtab moved the court through his counsel Adil Aziz Qazi Advocate and cited President of Pakistan through his Secretary, Federation of Pakistan through Secretary Ministry of Law and Federation of Pakistan through Secretary Ministry of Information Broadcasting and National Heritage as respondents.

In his petition, he challenged the promulgation of Elections (Amendment) Ordinance, 2022 whereby certain amendments have been made in to the existing Elections Act, 2017. He adopted that through the said ordinance, the respondents have tried to sneak amendments into the existing laws at the eleventh hour when only one day before promulgation of the ordinance, the Upper House of the Legislature was in session.

Petitioner’s counsel Adil Aziz informed the court that through the said Ordinance, a new section 181(A) has been inserted in the Act which provides that a member of Parliament, Provincial Assembly, or Local Government including member holding any other office under Constitution may visit public meetings in any area or constituency during election campaign.

He pointed that the Constitution of Pakistan clearly indicates that democracy is embedded in the principles of liberty and freedom of expression, and any restriction over the said fundamental rights have to be reasonably imposed by the Legislature while considering the integrity, security or defense of Pakistan, public order, decency or morality or in relation to contempt of court, commission or incitement to an offence as the sole reasons to such restrictions.

He also argued that the promulgation of the Ordinance is based on malice and required conditions have not been met by the respondents.

Therefore, he prayed to the court that the promulgation of the impugned Elections (Amendment) Ordinance, 2022 itself and the Ordinance be declared as ultra-vires to the entire scheme of Constitution of Islamic Republic of Pakistan 1973 and the fundamental rights of the people of Pakistan.

In the petition filed by CDA’s officers association through their counsel Umer Ijaz Gilani, they cited Federation of Pakistan through Secretary Ministry of Law, President of the Islamic Republic of Pakistan and Election Commission of Pakistan through its Secretary as respondents.

The petitioner assailed the vires of Islamabad Local Government Ordinance, 2021 promulgated by the President of Pakistan on 28 November, 2021. They adopted that this legislation, which has serious consequence for the provinces of Pakistan, should have been placed before and debated in the Senate of Pakistan and its implications both in terms of assets, finances and job prospects for the federating units should have been debated.

The petitioners’ counsel contended that through Section 184 of the Impugned Ordinance, the Islamabad Local Government Act, 2013, an enactment promulgated by the Parliament of Pakistan in pursuance of the directions of the Supreme Court, has been repealed.

Gilani argued that the Ordinance brings about major legislative overhauls of the electoral procedure regime related to local government in Islamabad. Therefore, he prayed to the court to declare that the impugned Ordinance as illegal, unconstitutional and of no legal effect and set aside the same. He also requested to declare that an entire tier of the Federation of Pakistan which is required by Article 140A to be set up cannot be erected on the foundation of a mere temporary law; rather, it requires the enactment of a permanent law by the competent legislature.