ISLAMABAD:The Supreme Court on Thursday issued notice to the Election Commission of Pakistan (ECP) on petitions challenging the Peshawar High Court’s (PHC’s) order regarding holding of local bodies elections on non-party basis.
A two-member SC bench comprising Justice Umar Ata Bandial and Justice Sajjad Ali Shah heard the case.
During the course of proceedings, the bench ordered the advocate general of KP and other parties to provide judicial assistance over the matter.
Justice Bandial asked all the parties to remain neutral while assisting the court and should aim for fair and transparent elections.
He said both parties involved in the case including Khushdal Khan was a member of the provincial assembly, while Kamran Murtaza was a senator.
He asked why local body elections could not be held on party basis in the province.
Advocate General of Khyber Pakhtunkhwa Shamail Butt replied that the PHC did not disclose its reasons in the decision. The PHC had ordered local body elections on December 19, he added.
Upon this, Justice Bandial remarked let’s wait for the detailed decision of the PHC.
Shumail Butt said that there was no legal mechanism for holding elections on party basis. If the government agreed to hold local body elections on party basis, there was no scope for it within the law, he added.
To which, Justice Bandial asked the advocate general to bring forth the ordinance.
He said that other three provinces hold local body elections on party basis. He asked what was wrong in adopting the mechanism of the other provinces.
Shumail Butt said that the PHC should have given time for the elections instead of providing a schedule. This will be the first election of its kind to have three candidates from the same party with election symbols on the same ballot paper, he added.
He said that there would be issues for illiterate voters to distinguish between the symbols and decide who they should vote for.
Upon this, Justice Bandial asked what amendment could be introduced the law which would make village council elections party-based.
Advocate Kamran Murtaza said that there would be difficulty to form erected a mechanism for a party-based election in such a short period of time. The ECP had resolved this matter and had begun issuing ballot papers, he added.
To this, Justice Sajjad Ali Shah asked what solution the ECP had devised to issue ballot papers.
Shumail Butt said that the ECP could not do anything until the provincial government amend its rules.
Upon this, Justice Bandial asked all the parties to assist the court and submit their suggestions within a week.
Justice Sajjad said that clear and transparent elections were the responsibility of the ECP.
The two-member also suggested that the case should be taken up before a three-member bench and referred the matter to the Chief Justice for formation of a three-member bench.
Later, hearing of the case was adjourned till November 30.
On Nov 2, the PHC declared holding the local government election on a non-party basis as unconstitutional.