ISLAMABAD:
The Supreme Court on Tuesday directed the federal government to make
necessary enactments to empower the Election Commission of Pakistan
(ECP) to carry out the delimitation of local government constituencies.
A three-member bench of the apex court, headed by Chief Justice Tassaduq Hussain Jillani and comprising Justice Khilji Arif Hussain and Justice Sheikh Azmat Saeed, announced a detailed judgment on the appeals and petitions filed by the Sindh government for the delimitation case.
“We are persuaded to direct the federal government to make necessary enactments to empower the Election Commission of Pakistan to carry out the delimitation of constituencies of local governments,” says the detailed judgment.
The court also directed the Sindh government to make necessary corresponding amendments to the Sindh Local Government Act, 2013.The 65-page detailed verdict, authored by Chief Justice Tassaduq Hussain Jillani, however, ruled that the judgment would not affect the local bodies elections in Balochistan held on December 7, 2013 on the basis of old delimitation. “Before we part with the judgment, we may like to observe that the elections to local governments in Balochistan were held on December 7, 2013 on the basis of delimitation of constituencies carried out by the provincial government in terms of the Balochistan Local Government Act, 2010. This judgment is prospective and shall not, in any manner, affect the validity of the said elections, the detailed verdict ruled.
Earlier, on March 20, 2014, the court in its short order ruled that the power to hold elections of the Local Government vested in the ECP in terms of Article 140A of the Constitution.The court observed that the ECP had been mandated to “organise and conduct 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);
The court had upheld para 60(e) of the judgment of the Sindh High Court of December 26, 2013.The court in its short order had further ruled that since the delimitation of constituencies of the local government was part of the process of organizing and holding elections honestly, justly and fairly which is the Constitutional mandate of the Election Commission of Pakistan, the power to carry out such delimitation should vest with the Election Commission of Pakistan;
It had also ruled that as the holding of election of Local Government had been delayed for more than nine years, which is violative of the Constitutional command, we are persuaded to direct the governments, federal and provincial (of Sindh), to carry out appropriate amendments/legislation to empower the Election Commission of Pakistan to initiate and carry out the process of delimitation of constituencies for the Local Government Elections.
A three-member bench of the apex court, headed by Chief Justice Tassaduq Hussain Jillani and comprising Justice Khilji Arif Hussain and Justice Sheikh Azmat Saeed, announced a detailed judgment on the appeals and petitions filed by the Sindh government for the delimitation case.
“We are persuaded to direct the federal government to make necessary enactments to empower the Election Commission of Pakistan to carry out the delimitation of constituencies of local governments,” says the detailed judgment.
The court also directed the Sindh government to make necessary corresponding amendments to the Sindh Local Government Act, 2013.The 65-page detailed verdict, authored by Chief Justice Tassaduq Hussain Jillani, however, ruled that the judgment would not affect the local bodies elections in Balochistan held on December 7, 2013 on the basis of old delimitation. “Before we part with the judgment, we may like to observe that the elections to local governments in Balochistan were held on December 7, 2013 on the basis of delimitation of constituencies carried out by the provincial government in terms of the Balochistan Local Government Act, 2010. This judgment is prospective and shall not, in any manner, affect the validity of the said elections, the detailed verdict ruled.
Earlier, on March 20, 2014, the court in its short order ruled that the power to hold elections of the Local Government vested in the ECP in terms of Article 140A of the Constitution.The court observed that the ECP had been mandated to “organise and conduct 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);
The court had upheld para 60(e) of the judgment of the Sindh High Court of December 26, 2013.The court in its short order had further ruled that since the delimitation of constituencies of the local government was part of the process of organizing and holding elections honestly, justly and fairly which is the Constitutional mandate of the Election Commission of Pakistan, the power to carry out such delimitation should vest with the Election Commission of Pakistan;
It had also ruled that as the holding of election of Local Government had been delayed for more than nine years, which is violative of the Constitutional command, we are persuaded to direct the governments, federal and provincial (of Sindh), to carry out appropriate amendments/legislation to empower the Election Commission of Pakistan to initiate and carry out the process of delimitation of constituencies for the Local Government Elections.
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