IHC stays local body polls in Islamabad
ISLAMABAD, Feb 10,2022: The Islamabad High Court (IHC) on Thursday has stayed the local body polls in Islamabad the federal capital, Justice Mohsin Akhtar Kayani issued a restraining order.
The petitions of CDA Mazdoor Union, Officers Association and others were heard in the Islamabad High Court. Barristers Omar Ajaz Gilani, Qazi Adil, Kashif Malik and other lawyers appeared on behalf of the petitioners.
Qazi Adil Advocate told the court that if the elections are held and what will happen on the day the ordinance expires? On this, the court inquired as to why the new local government system was introduced through ordinance in the presence of the Local Government Act.
The court directed the petitioners lawyers to read their respective petitions. Kashif Malik Advocate said that no amendment has been made in the CDA Ordinance.
The court asked why the federal government made the ordinance by repealing the Local Government Act. The government prosecutor said that the ordinance was issued because the Election Commission of Pakistan had a deadline of November 25.
The court asked in which province did the government hold local body elections? The government lawyer said that local body elections have been held in Khyber Pakhtunkhwa. The court said that they are working in tears. The federal government did not want local body elections.
The court said that the union council did not have any funds, then inquired whether the local body representatives did not have any powers. Did the federal government release the funds?
The Islamabad High Court said that if there is a state of war in the country, there can be no assembly session, only then an ordinance can be issued, if there is a parliamentary session then how can you issue an ordinance? The government prosecutor said that the parliamentary session ended on November 19 and the ordinance was issued on November 23.
The court asked the government counsel that the local bodies were abolished on February 14, 2021. Did it remain the same till November? The public prosecutor said that the Election Commission had ordered the Interior Ministry to prepare the law within 10 days.
The court in its remarks said that the Election Commission will be prevented, the government may present the ordinance before the National Assembly.
The High Court ordered to stop the proceedings of the local body elections under the ordinance instead of the Act. Further hearing of the case was adjourned till March 3.