ISLAMABAD: The Supreme Court on Wednesday directed the Federal and the Provincial governments of Punjab to amend legislation to empower Election Commission of Pakistan (ECP) to carry out process of delimitation for Local Body Elections (LBE) within 5 months.
A three-judge bench headed by Chief justice Tassaduq Hussain Jillani comprising Justice Khilji Arif Hussain and Justice Sh. Azmat Saeed also declared section 8 to 10 of the Punjab Local Government Act, 2013 ultra virus of the Constitution.
The act empowered the Provincial Government to carry out the delimitation of the constituencies for the Local Government which was un-constitutional.
The power to hold elections of the Local Government stand vested in the ECP in terms of Article 140A of the Constitution, the Chief Justice stated.
The ECP had been mandated to ‘organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against’ Article 218(3) of the Constitution, order dictated.
This exercise should be completed within a period of five months from today, the order stated.
The bench further directed ECP to take requisite measures to carry out the process of delimitation of constituencies within a period of 45 days of the amendments in laws in terms of this court’s order.
The chief justice remarked that even after passing nine years, LB elections was not held which was the violation of the constitution.
The bench also directed the ECP to ensure that the announcement of election schedule and the process of holding it would be completed by or before November 15, 2014.
To keep the transparency in the elections, the right to make delimitation should be in the hands of the ECP and not to the any government, the court maintained.
Later the appeal of ECP disposed of in terms noted above.