ISLAMABAD: The Supreme Court said on Tuesday that its March 20 judgment in which it authorised the Election Commission of Pakistan (ECP) to hold local government elections in Sindh and Punjab by Nov 15 after delimiting constituencies would not affect the elections already held in Balochistan last year.
The apex court clears the confusion as the delimitation of constituencies for the Dec 7, 2013 local bodies’ elections in Balochistan was held by the provincial government under the Balochistan Local Government Act, 2010.
In a detailed judgment authored by Chief Justice Tassaduq Hussain Jillani, the Supreme Court explained that the verdict was prospective in nature and would not, in any manner, affect the validity of the Balochistan’s elections.
Referring to Khyber Pakhtunkhwa (KP), the Supreme Court has already ordered the provincial government to complete arrangements as early as possible for holding the local government elections in the province.
Now the apex court has not only vested this authority with the ECP but has also ordered the federal government to make necessary enactments to empower the commission to carry out delimitation of constituencies of local governments. Provincial governments have also been directed to make necessary corresponding amendments in the respective laws, which in the instant case deal with the Sindh Local Government Act, 2013.
The detailed judgment came on appeals moved by the Sindh government, Muttahida Qaumi Movement, the Sindh United Front and the PML-F as well as the ECP against the Dec 12, 2013 order in which the Sindh High Court had held the delimitation of wards in Sindh to be illegal.
Mindful of its constitutional mandate and institutional constraint in a system based on trichotomy of powers, the detailed verdict explained, the Supreme Court would restrain itself from making any declaration which amounts to rewriting the law. But when it comes to the conclusion that a law or certain provision is not in conformity with the Constitution and declares it ultra vires of the Constitution, it can issue appropriate directions to the government to bring the law in conformity with those provisions.
Explaining why the ECP was tasked with carrying out the delimitation of wards, the verdict says the Constitution commands the commission to organise and conduct the election under Article 218(3), which encompasses all the steps necessary to conduct elections “honestly, justly and fairly”.
Source/Fuente: https://www.dawn.com/news/1098655/sc-says-verdict-not-to-affect-balochis...
