IHC turns down PTI’s appeal seeking local bodies polls as per ECP schedule

ISLAMABAD          -          The Islamabad High Court (IHC) Wednesday turned down an Intra Court Appeal (ICA) of Pakistan Tehreek-e-Insaf (PTI) leader Ali Nawaz seeking local bodies elections in Islamabad as per the schedule of Election Commission of Pakistan (ECP). A division bench of IHC comprising Justice Mohsin Akhtar Kayani and Justice Arbab Muhammad Tahir conducted hearing of Pakistan Tehrik-e-Insaf (PTI) leader Ali Nawaz Awan appeal to hold local body elections in Islamabad on December 31 and dismissed the same after terming it as “infructuous.” During the hearing, the IHC bench asked that if the ECP is not interested in holding the LB elections. At this, the commission’s officials informed the court that the election has been postponed due to an increase in the number of union councils. Expressing his annoyance over the remarks, Justice Kayani said that neither the previous government nor this government wants to hold the local bodies elections. The IHC judge added that the election is not being held despite giving an undertaking in the Supreme Court. He remarked that this falls under the category of contempt of court. He further said that this is not the job of the ECP to look at the government but it is the duty of the commission to conduct elections freely. Justice Kayani maintained that the people would get a better representation if there are union councils. He added that this system is not for institutions or parliamentarians but for the people of the country. The judge said that local representatives have never received funds in five years and local government will remain ineffective if funds are not given. The PTI lawyer told the court that the government had given a surety to this court six months ago to hold LG polls and questioned how much did the population increase in the past six months? The lawyer further said that the candidates have spent millions of rupees for the municipal elections and that the court should ask the electoral watchdog whether they can conduct the election or not. The bench asked that can the court order the election in this situation? Subsequently, the court dismissed PTI’s ICA as infructuous. The PTI leader moved the ICA through his counsel Taimoor Aslam Khan Advocate and cited federation though Secretary Cabinet Division, Secretary Ministry of Interior, the ECP and others as respondents. The petitioner challenged the decision of the single bench of the IHC to nullify the Election Commission of Pakistan’s (ECP) earlier verdict and hear all stakeholders before deciding on holding elections on December 31. In the ICA, petitioner’s counsel prayed that this court may graciously be pleased to allow the instant Appeal and may kindly be pleased to set aside the impugned IHC judgment dated 23-12-2022. The ICA requested the court that the respondent ECP may kindly be directed to hold the elections in a fair and transparent manner, as per the schedule on 101 union councils, as per existing de-limitations, in the interest of justice. He also requested the court to direct the federal government and all other agencies/ organs of the state to assist and facilitate the Commission in fulfilling its obligations, inter-alia, described under sections 5, 6 & 7 of the Act of 2015

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