ISLAMABAD: The Supreme Court asked the Punjab government on Monday to respond to a suggestion that appellate jurisdiction be vested in the district and sessions judge to decide objections raised against delimitation of different wards under the existing laws relating to local government elections.
A three-judge bench, headed by Chief Justice Tassaduq Hussain Jillani, had taken up an appeal of the Election Commission of Pakistan (ECP) against a Dec 31, 2013, verdict of the Lahore High Court which had set aside the delimitation in the province.
The apex court asked Additional Advocate General of Punjab Hanif Khatiana to seek instructions from the relevant authorities and inform it about their stance on the suggestion on Tuesday.
Under Section 19 of the Punjab Local Government Act 2013, the ECP enjoys the authority to hear objections to delimitation, but the law has been declared illegal by the LHC.
Akram Sheikh, counsel for the ECP, said the high court’s verdict was inconsistent because it had ordered the provincial government to bring legislation on the delimitation of wards but at the same time directed the commission to hold LG elections even if no law was made.
At this, the court asked whether the commission would remain a silent spectator and not hold the elections in case the provincial government failed to do the legislation.
Advocate Azhar Siddiq, who had filed a petition in the Supreme Court seeking the holding of LG elections on party basis, said the ECP had the authority and jurisdiction to fill in the lacunae in any act.
Meanwhile, the same bench ordered Attorney General Salman Aslam Butt to submit reasons for not holding local government elections in cantonment areas for 14 years.
“Delaying tactics are being used by the federal government to postpone the much-needed elections in the name of legislation,” the court regretted.
The bench had taken up a 2009 petition of Advocate Raja Rab Nawaz, a former vice president of the Cantonment Board Quetta, challenging the absence of local bodies in cantonment boards.
Additional Attorney General Shah Khawar informed the court that a bill seeking amendments to the Cantonments Boards Act 1924 was yet to be approved by the National Assembly, but assured that it would be passed during its ongoing session.
The hearing was adjourned to March 10.