News
Wednesday, September 25, 2013
Non-holding of LB polls : SC seeks reply from federal, provincial govts* Court asks if violation of some provisions of the Constitution would not be a violation of the whole Constitution
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Tuesday noted that the non-holding of local body elections would be a violation of the constitution, and asked the provincial and federal governments to submit their written statements stating their stance on whether the violation of some provisions of the constitution would not be a violation of the whole constitution.
The court raised a legal question on the functioning of federal and provincial governments when they are not holding the local government elections after the insertion of Article 140A in the constitution through the 18th Amendment. A three-judge bench, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, asked whether the elected provincial governments and the Islamabad Capital Territory (ICT) are not bound by the constitutional provisions, particularly articles 5, 32, 38 (a & b) and 140A. The court again directed the provincial governments and the ICT to submit replies for not holding local bodies’ election so far despite clear orders of the apex court.
The bench observed that the prime minister, chief ministers, ministers, MNAs, senators and MPAs have taken oath under the constitution, therefore they are bound to follow the constitutional provisions. It said that it is the obligation of the court to protect, preserve and defend the constitution. The court sought a reply from the provincial authorities and the ICT regarding holding of local government elections, before the apex court passes a final order. The court also issued a notice to the Election Commission of Pakistan directing it to explain its responsibility regarding holding of the local bodies’ polls under Article 140A (2) of the constitution.
On the other hand, all the provincial and federal law officers admitted before the Supreme Court that non-holding of the local government elections after the passage of the 18th Amendment is a violation of the constitution. Additional Attorney General of Pakistan Shah Khawar stated that there was no doubt about the violation of the constitution in such a case. The bench has also expressed its dismay over the Khyber Pakhtunkhwa government for not giving a clear date about holding of local government elections.
Justice Jawwad S Khawaja observed that there was an impression that the Khyber Pakhtunkhwa government would be the first to hold local bodies’ election but there are no signs of it happening in the province. He also said that Article 140-A was not being adhered to. Meanwhile, the chief justice asked what would be the difference between an elected and non-elected government when several constitutional provisions related to the holding of local bodies election were not being adhered to.
When the hearing resumed on Tuesday the chief justice remarked that the provincial governments would not get a date of their choice to hold local bodies elections. It is noteworthy that on Monday Punjab Additional Advocate General Mustafa Ramday had informed the bench that local bodies’ election in the province would be held on December 14.
Courtesy www.dailytimes.com.pk