ISLAMABAD, Nov 12: A week after the framing of contempt charges against Defence Secretary retired Lt Gen Asif Yasin Malik, the government indicated on Tuesday that it wanted local government elections in all the 43 cantonment boards in the country under the existing laws, instead of waiting for amending them.

Some progress had been made because the government was considering the first option suggested by the apex court at the last hearing, Additional Attorney General Shahkhawar told a three-judge Supreme Court bench headed by Chief Justice Iftikhar Muhammad Chaudhry.

But he hastened to add that he needed time to submit a written statement on the government’s point of view. The cantonment boards have been without public representation for 14 years.

On Nov 5, the court had suggested to the government to hold the elections under the existing laws or consider restoring Section 15e of the Cantonment Board Act, 1924, that envisaged revival of the bodies dissolved after completing their tenure.

The court had indicted the secretary on contempt charges for not honouring his undertaking of holding the elections in the cantonments by Sept 15 with a caution to the government about examining Section 15e in case of its failure to make any headway on the matter in seven days.

The court had hinted at examining under which authority expenditures were being incurred from the funds meant for the cantonment boards. If no satisfactory explanation was offered, the court would be free to protect the rights of the general public by issuing an appropriate order, it had said.

“The government has no option but to honour the command of Article 140A of the Constitution by establishing the local government system to devolve political, administrative and financial responsibilities and authority to the elected representatives.”

A senior counsel told Dawn that the government would still need an amendment to the laws because the elections would have to be organised by the Election Commission. Since the National Assembly session had been prorogued, he said, an ordinance might be promulgated to address the issue.

On Sept 23, Attorney General Muneer A. Malik had told the court that the government was contemplating some amendments to the Cantonments Local Government (Elections) Ordinance, 2002, by incorporating qualifications and disqualifications for the councillors.

The law envisages a 25-member board with the station commander acting as its president and nominating half of the members. Only half of the members are to be elected.

Prime Minister Nawaz Sharif was not happy with the composition and had described the elections to the cantonment boards meaningless in the presence of the 50 per cent nominated members.

He expressed the desire for a new regime and the matter was referred to a special 12-member committee of the cabinet headed by Science and Technology Minister Zahid Hamid.

The committee has finalised its recommendations but the summary is pending for approval of the prime minister.

The court postponed further proceedings till Nov 20.

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