ISLAMABAD  -  The Supreme Court of Pakistan Thursday issued notice to Election Commission of Pakistan (ECP) regarding holding of LG polls in 17 districts of Khyber Pakhtunkhwa (KP).

A two-member bench of the apex court headed by Justice Umar Ata Bandial conducted hearing of KP government’s appeal against the Peshawar High Court (PHC) verdict.

It was November 2 when a larger bench of the PHC had declared provision of the Khyber Pakhtunkhawa Local Government Act (KPLGA) for holding elections of village and neighbourhood councils unconstitutional and directed the Election Commission of Pakistan (ECP) and provincial government to hold the forthcoming polls on party basis. The bench gave one week to the political parties, which have filed petitions before the PHC, to submit impartial suggestions for holding village/neighbourhood and tehsil councils’ elections on party basis.

Justice Sajjad Ali Shah remarked that it was ECP responsibility to hold free and fair elections and if the Commission informs the bench that no further time needed for holding the LGs polls then the matter would end.

Advocate General (AG) KP Shamail Butt said that according to ECP schedule, the elections for village, neighbourhood and tehsil councils in 17 districts of KP will be held on December 19.

Justice Bandial inquired from the AG that why LGs polls could not be held on the party basis. The AG replied even if the provincial government agreed, but there is no provision in the Act for holding LGs election on party basis. Justice Bandial then said that why not the KP government enacts an Ordinance for this purpose as the LG polls in other three provinces are held on party basis and what is the problem for adopting the mechanism of other provinces.

The advocate general said that it would be the first election wherein ballot paper will have the same symbol for three candidates. It will be difficult for illiterate voters to distinguish which candidate he should vote for.

“They accept that in a short time a mechanism for the party-based elections cannot be developed,” Advocate Kamran Murtaza told the court. He said that ECP had found the solution and already started printing the ballot papers. At that, Justice Sajjad questioned that what solution was found? Justice Bandial said that one solution could be to print the candidates’ pictures on the ballot paper. The AG said that the ECP cannot do anything unless the provincial government changes the rules. Justice Bandial questioned the amendment to which provision would enable the ECP to hold village council elections on party basis.

Earlier, the AG argued that PHC had not given reasons regarding the matter. At that, Justice Bandial asked that should the Court wait for the PHC detailed judgment? The PHC had struck down Section 27(2) of the Act, which envisages holding elections of village and neighbourhood councils on non-party basis and declared it in conflict with Article 17 of the Constitution.

The PHC had also declared unconstitutional Part-II of 11th Schedule to the KPLGA, amended through those amendments in 2019, to the extent of providing elections of village and neighbourhood councils on non-party basis and declared that as per the schedule of the Election Commission of Pakistan issued on Oct 25, those polls should be held on party basis.

Local Government Act 2013 was substituted vide Khyber Pakhtunkhwa Local Government (Amendment) Act No.XXV of 2019 which squarely falls beyond its domain? The KP appeal states that whether the PHC has not lost sight of interpretation Article 17 of Constitution by failing to take into regard that the said article is neither directory or mandatory for holding the election on party basis, rather the same only directs the right of forming a political party or inclusion therein as a member.