ISLAMABAD, Sept 26: The Supreme Court’s proceedings on Thursday on the local government elections issue indicated that the judges on the SC bench want the polls to be held on the basis of ordinances instead of waiting for the passage of a law which would take time.
Perhaps for that reason the three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry directed the federal and provincial governments to suggest alternative options to meet the constitutional requirement of holding the LG elections as early as possible.
“We are of the opinion that the general public at the grassroots level must be allowed to participate in the democratic system which is only possible if they take part through their representatives in the local government elections,” the chief justice said while dictating an order.
The provincial governments and the Islamabad Capital Territory are required to submit their suggestions on Thursday.
“The governments have to make some stopgap arrangements, especially when the constitution gives a way out,” the court said, adding that the country had been without a local government institution for four years.
The court regretted that the provincial governments were not cooperating and said the constitution was a living document and it would make its own way.
“Democratic order must trickle down because democracy is by the people for the people,” the chief justice observed.
Advocate General of Khyber Pakhtunkhwa Abdul Latif Yousufzai assured the bench that he would convey to the provincial government the court’s desire of holding the elections by promulgating an ordinance.
But, he said the KP government intended to pass a law under which 957 union councils would be converted into 3,500 village councils. Each village council will represent 8,000 people. The move will truly decentralise powers.
“The ground work has been completed but the delimitation process will take considerable time,” Mr Yousufzai said, adding that the concept would help curb terrorism and theft and other petty crimes.
“That is the reason the KP government is reluctant to give a specific time for holding the elections,” he explained.
The court praised the efforts being made by the KP government and said if implemented the concept of village council would help check militancy in the country.
“The idea is good but the system should work,” the chief justice said, adding that it was a sign of success, especially when the province suffered the most because of terrorism.
The Balochistan government assured the court that it would hold the elections by Dec 7.
The Sindh government said it had initiated the process of delimitation and would likely hold the elections by Nov 27.
The Punjab government had already stated that it would hold the local government elections on Dec 14.
Referring to the elections in Islamabad Capital Territory, Additional Attorney General Shahkhawar said the federal government intended to pass a law which could conform to the laws adopted by the provincial governments.
He cited a statement of Attorney General Muneer A. Malik that the cabinet had formed a committee headed by Science and Technology Minister Zahid Hamid to make recommendations on the law relating to the local bodies’ elections in cantonment boards and said the matter was before the committee.
“Is this a joke or what,” the chief justice asked and said it should be under the defence ministry.
“Because it involves a complicated science,” quipped Justice Jawwad S. Khawaja, a member of the bench. The court decided to discuss in detail the law and other alternative options when it would take up the case on Oct 2.
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