پنجاب اور سندھ میں بلدیاتی الیکشن ملتوی
آخرکار شکوے شکایتوں معذرتوں، منت سماجت ،قرادادوں بڑھکوں اور اسی نوع کی دوسری بہت سی کوششوں کے بعد سپریم کورٹ کو پھر سیاستدانوں پر رحم آگیا اور پنجاب اور سندھ میں بلدیاتی الیکشن ملتوی کردیے گئے ،سپریم کورٹ اور الیکشن کمیشن میں رات بھر جاری رہنے والی خفیہ اور بیک ڈور سفارتکاری کام کرگئی اورسپریم کورٹ نے الیکشن کمیشن سے خط میں مجوزہ شیڈول منگوالیا جس خط کو پٹیشن کا درجہ دے کراس کی فوری سماعت کی گئی اور الیکشن کمیشن کی طرف سے دیاگیا شیڈول ایک ہی جھٹکے میں قبول ہے قبول ہے کے درجے پر پہنچ گیا،اور یوں اب سندھ میں الیکشن 18جنوری اور پنجاب میں 30جنوری کو قرارپائے ہیں۔عوامی نمائندوں کو مبارک ہو۔۔سپریم کورٹ کا تحریری فیصلہ نیچے درج ہے۔
IN THE SUPREME
COURT OF PAKISTAN
(Original Jurisdiction)
Present:
Mr. Justice Iftikhar
Muhammad Chaudhry, CJ
Mr. Justice
Jawwad S. Khawaja
Mr. Justice Amir Hani Muslim
Civil Miscellaneous Applicaton No.6882/13 in Constitution
Petition No.77 of 2010
(Letter by Election Commission
of Pakistan dated 12.11.2013)
President Balochistan
High Court Bar Association
… Petitioners
Versus
Federation of Pakistan and
others
… Respondent
For the
Petitioner:
Nemo.
For the
Applicant:
Mr. Ishtiak Ahmed Khan, Secretary, ECP
(CMA-6882/13)
Syed Sher Afgan, Addl. Secretary
On Court’s Notice:
Mr. Muneer A. Malik, Attorney General for Pakistan
Mr. Abdul Latif Yousafzai, AG, KPK
Mr. Khalid Javed Khan, AG, Sindh
Mr. Muhammad Hanif Khattana, Addl. AG, Pb.
Mr. Muhammad Farid Dogar, AAG, Balochistan
Date of
hearing:
13.11.2013
O R D E R
Iftikhar Muhammad Chaudhry, CJ.- In pursuance of letter dated
12.11.2013 by the Election Commission of Pakistan, the instant matter was
directed to be listed in the Court. Contents of the said letter are reproduced
hereinbelow:-
“The
Registrar
the 12th November, 2013, Islamabad
Supreme Court of Pakistan,
Islamabad.
Subject: REQUEST FOR EXTENSION OF POLL DATES FOR HOLDING LOCAL
GOVERNMENT ELECTIONS IN THE PROVINCES AND CANTONMENT AREAS
Dear Sir,
In continuation of the earlier letter of even date, it is pointed out that on
account of certain practical and technical difficulties, the Election
Commission of Pakistan has proposed revised poll programme/dates for the Local
Government Elections in the Provinces and in the Cantonment areas in terms as
follows:-
Sr.No.
|
Province/Area
|
Date
|
1.
|
For
the Province of Punjab
|
30.01.2014
|
2.
|
For
the Province of Sindh
|
18.01.2014
|
3.
|
For the Province of KPK and
Cantonment Areas
|
In
the month of February, 2014
|
2. As far as the
Province of Balochistan is concerned, polling shall take place on the date,
which has already been fixed i.e. 07.12.2013.
3. This may
kindly be brought to the notice of the Hon’ble Supreme Court of
Pakistan.
4. This issue with approval of Election Commission of Pakistan.
Yours sincerely,
-Sd-
(Syed Sher Afgan)
Additional Secretary”
It is to be noted that prior to
receipt of the above letter on the even date another letter was received from
the Election Commission of Pakistan (ECP) highlighting the difficulties being
faced by the ECP in holding the local bodies elections on the date which have
already been fixed for the Provinces of Sindh and Punjab. This Court, as back
as on 5th April, 2012 while hearing a case relating to the law and
order situation in the Province of Balochistan, noted that the main problem of
the Province is of socio-economic nature which can only be solved if the
general public of the Province is empowered by holding elections of local
bodies which otherwise is an constitutional obligation of the Government in
terms of Article 32 of the Constitution. As it is obligation of the Government
to adhere to the constitution in letter and spirit and no one can be allowed in
any manner, to deviate from any of its provisions particularly in view of the
fact that the Constitution is a binding document as it has been given by 18 Crore people of this
Country to themselves. Therefore, its provisions particularly relating to the
general public empowering them politically, administratively and financially
through their chosen representatives by establishing the system of the local
government in terms of Articles 32 and 140A of the Constitution should be
strictly observed. However, preceding to the above observations, orders were
repeatedly passed by this Court calling upon the Provincial Governments as well
as the Federal Government to hold local bodies elections as early as could be
possible as it is the command of the Constitution and no deviation from the
Constitution is possible.
2. In the meanwhile, another petition
was filed by Raja Rab Nawaz, learned Advocate of this Court and subsequent
thereto directions were issued to the Federal Government of Pakistan to hold
elections in the Cantonment Areas. As for the last 18 years election of local
bodes have not been conducted in Cantonment areas whereas the Local bodies in
the Provinces were dissolved on the following dates, and since then there is no
local government in the Provinces despite of mandatory provisions of the
Constitution.
Sr. No.
|
Name of the Province
|
Date of dissolution of Local Bodies in the Province
|
1.
|
Balochistan
|
09.01.2010
|
2.
|
Khyberpakhtunkhwa
(KPK)
|
30.01.2010
|
3.
|
Punjab
|
23.02.2010
|
4.
|
Sindh
|
24.02.2010
|
3. It
is to be noted that the Governments of Balochistan, Sindh as well as Punjab had
placed on record copies of the following letters, with the request to ECP to
hold local bodies elections in their Provinces.
1. Nos.PS/Secy:Law/2013/66-70 dated 24.10.2013
(Balochistan)
2. No.SOR(LG)38-12/2013 dated 23.10.2013 (Punjab)
3. No.RO(LG) 4(18)/2013 dated 23.10.2013 (Sindh)
Contents of one of the above letters (at Sr. No.1) read as
under:-
“The Secretary,
Election Commission of Pakistan,
Islamabad.
Subject: HOLDING OF LOCAL GOVERNMENT ELECTIONS IN BALOCHISTAN
Dear Sir,
Reference the captioned subject. Government of Balochistan is ready for holding
Local Government Elections on 7th December,
2013, as already committed before the Hon’ble Supreme Court of Pakistan. In
this regard, the delimitation process of 31 out of 32 Districts has been
completed and 28 Districts notified. The delimitation of Quetta has
administrative, security and political dimensions and efforts are underway to
develop consensus amongst the stakeholders for amicable solution regarding a
decision at the higher level. The Local Government Act and related Rules have
been framed.
(Safdar Hussain)
Secretary.”
It seems that in view of the request
made in the above letter, election schedule was fixed by the ECP as on
27.11.2013 for Sindh Province which was subsequently changed to 7th December, 2013 in pursuance of the
request so made by the Provincial Government, through CMA-6797/2013 filed
before this Court through Advocate General which was sent to the Election
Commission of Pakistan for appropriate orders. Contents of the said order reads
as under:-
“This application has been filed on
behalf of the Govt. of Sindh through the learned Advocate General Sindh under
Order 33 Rule 6 of the Supreme Court Rules, 1980 seeking change of date from 27th November, 2013 to 7th December, 2013 for holding local
bodies’ election. The learned Advocate General, Sindh emphasized, inter alia,
that one of the reasons for seeking extension is that the process for holding
local government elections has commenced w.e.f. 9.11.2013 and the holidays of
Ashora Muharram ul Haram fall on 14.11.2013 to 15.11.2013, therefore, it was
constrained to postpone the elections. Similarly, representatives of the Ahle
Tashi Community also met the Chief Minister, Sindh and expressed serious
constraints and requested the Government to move application for adjustment of
date of local government elections in Sindh. He also added that a large number
of o ther representative groups from different communities have also met the
Chief Minister with the same request. He further added that the Govt. of Sindh
is fully committed to honour the orders passed by the Court to observe the
constitutional obligations. We have pointed out to the learned Advocate General
that the dates for local bodies’ elections are to be fixed by the Commission in
pursuance of the request so made by the Provincial Governments. We are of the
considered opinion that the Provincial Government had a constitutional
obligation to hold local bodies’ election for the purpose of allowing the
citizens of the country to show their participation in the political, administrative
and financial responsibilities and authority through their representatives of
the local government. Therefore, by taking into consideration the request so
made by the Provincial Govt. of
Sindh, we refer this application to the Election Commission of Pakistan for considering the application and may accommodate them because in the other Provinces like Punjab, and Balochsitan the elections are scheduled to be held on 7th December, 2013. The learned Advocate General may, therefore, appear before the ECP during course of the day with the instant CMA and this order for passing appropriate orders by the Election Commission of Pakistan. The CMA is disposed of accordingly.”
Sindh, we refer this application to the Election Commission of Pakistan for considering the application and may accommodate them because in the other Provinces like Punjab, and Balochsitan the elections are scheduled to be held on 7th December, 2013. The learned Advocate General may, therefore, appear before the ECP during course of the day with the instant CMA and this order for passing appropriate orders by the Election Commission of Pakistan. The CMA is disposed of accordingly.”
However, in the meanwhile no request
for change of election schedule has been made either by the Province of
Balochistan or by the Punjab Province. As far as the Province of KPK is
concerned, despite of knowing its constitutional obligations no request has
been filed for holding local bodies elections.
4.
Learned Attorney General for Pakistan stated that as far as the local boides
election in the Cantonment Areas is concerned, the Federal Government has
requested to the ECP for holding the elections in the Cantonments and the ECP
has asked the Federal Government to fulfill certain requirements and the same
will be done in the meanwhile.
5. Needless
to observe that as per the provisions of Articles 32 and 140A of the
Constitution, as repeatedly emphasized, the Federal Government is duty-bound to
hold elections in the Federal Area and Provincial Governments in the Provinces
to ensure in the Provinces in order to ensure participation of the general
public in the administrative, political and financial affairs of the Government
by establishing local bodies system. As far as sub Article 2 of Article 140A is
concerned, it cast a duty upon the Election Commission to hold the elections of
local bodies in terms of sub Article 140A(1). Therefore, it should always
remain prepared to meet the challenge and whenever any request by the Federal
or the Provincial Government is made for holding elections, the ECP should
comply with the same at the earliest.
6. Be
that as it may, as a revised Poll Programme noted herein above has been issued for
holding local bodies elections in the Provinces of Punjab, Sindh and KPK and local
bodies elections in Balochistan will also take place on 7th December, 2013 as already fixed,
therefore, we are of the opinion that the Election Commission and the
Provincial Governments have shown their commitment to the Constitution. Thus,
without making further observation, instant matter stands disposed of.
Chief Justice
Judge
Judge
Islamabad
13th November,
2013
M.
Azhar Malik
Approved for reporting.
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