ISLAMABAD: Pakistan Peoples’ Party (PPP) on Wednesday challenged the decision regarding holding of local bodies’ elections in cantonment areas on non-party basis in the Supreme Court of Pakistan.
Making federation and Election Commission of Pakistan (ECP) respondents, the petitioner Raja Pervez Ashraf General Secretary PPP through a petition filed on Wednesday took the plea that LB polls could not be conducted on non party basis.
Amendment is needed in certain clauses of public representation Act -2002. Participation of all political parties in electoral process is must.
Constitution does not allow holding of elections on non party basis.
The petitioner further contended that Pakistan is a democratic country and political parties have been allowed to function with full freedom in the country.
The basic rights of political parties are being impinged upon by conducting LB polls on non party basis.
The court was prayed to order government and EC to hold LB polls in cantonment boards on party basis rather than non party basis.
The petitioner stated it is by now axiomatic that Article 17(2) of the Constitution as a whole not only guarantees the right to form or be a member of a political party but also to operate as a political party. This Hon’ble Court has held time and again that `right to form’ is not only confined to its formation but also includes its function as a political party.
Thus forming of a political party necessarily implies the carrying on of all its activities as otherwise the formation itself would be of no consequence.
As the political party, according to its texture, is an aggregate or association of citizens, therefore individual rights of citizens are adversely affected by being excluded from participation in the election on the basis of their political affiliation.
If the political party is disabled to participate in an election it loses its political texture, which would not be germane to the democratic set up, under the Constitution after the 18th Amendment.
The petitioner further prayed that LB polls are around the corner, therefore, the petition be heard early and polls be stayed till decision of this case.