Court expresses concerns over lack of response from ECP and seeks commission’s stance
LAHORE:
The Punjab government has informed the Lahore High Court that the upcoming local bodies elections in the province will be held on party basis, in accordance with the section 68 of the Punjab Local Government Act 2025.
The statement came during a hearing on a case challenging the legality of the Act. The court, which is hearing a petition filed by Jamaat-e-Islami for holding elections on party basis, sought clarification from the Election Commission regarding the conduct of the elections.
The government’s lawyer argued that under Section 68 of the Election Act, elections must be held on a party basis. The court, however, expressed concerns over the lack of a response from the Election Commission and adjourned the hearing until December 23.
Justice Sultan Tanveer Ahmed, who is hearing the case, remarked that it is difficult to proceed with the case in the absence of a response from the Election Commission.
In the previous hearing held on December 19, Justice Sultan Tanveer Ahmed had directed the Election Commission and the Punjab government to submit their responses by Monday (today). The court three times in the past directed the Punjab government to submit a reply, but the government failed to comply with the court orders, leading to expressions of dissatisfaction from the judge.
Justice Tanveer Ahmed remarked that the government’s failure to respond was akin to wasting taxpayer money and emphasised that a response must be submitted for a decision to be made. He further stated, if the government disagrees with the court’s decision, it could amend the law.
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Imran Arif Ranjha, the Election Commission’s lawyer, submitted a written response, clarifying that the commission had nothing to do with the amendments to the Punjab Local Government Act.
He explained that the commission’s role was solely to conduct elections in line with the government’s guidelines, and that the election schedule had already been issued. Ranjha requested that the petition be dismissed as inadmissible.
Petitioners challenge amendments to the Act
The petitioners, represented by Chaudhry Zulfiqar, argued that the amendments to the Local Government Act were unconstitutional, violating the principles of democracy.
They claimed that the amendments had stripped local bodies of their financial and administrative autonomy and transferred these powers to administrative officers. The petitioners also argued that holding non-party elections was a violation of constitutional rights and deprived citizens of their right to elect their local leaders.
In their petition, the petitioners requested the court to declare the amendments to the Punjab Local Government Act unconstitutional and order the Election Commission to conduct elections on party basis. They also sought an order to prevent administrators and the bureaucracy from interfering in the local government elections.
Zulfiqar raised concerns that the amendments, particularly sections 55 and 57 of the Act, granted extensive powers to administrators and the bureaucracy, including the use of government funds, which he argued contravened Articles 17, 32, and 140A of the Constitution.
