ISLAMABAD: Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) on Tuesday sought a date for conducting local government (LG) elections in the federal capital and also issued a stay order against the collection of property tax on revised rates.

Justice Kayani was hearing identical petitions against the ‘inordinate’ hike in the property tax that has also been extended to private housing societies in the capital.

The petitions were filed by Residents Welfare Association F-15/G-15 President retired Air Commodore Akhtar Nawaz Khan and general secretary Islamabad City Council, a coalition of citizens, Daniyal Abdullah Kiani.

The petitioners challenged a notification whereby property tax had been raised by over threefold in the Islamabad Capital Territory (ICT).

During the course of hearing, Justice Kayani inquired as to why the local government elections were not being held.

Justice Kayani warns of issuing contempt notice to ECP, federal govt if date not finalised

The officials of the Election Commission of Pakistan (ECP) replied that a schedule for delimitation of the constituencies had been released and LG polls could be held after the process was complete.

Justice Kayani remarked that delimitation of 125 union councils had been completed and there was no need to carry out further delimitation.

He pointed out that the Supreme Court and the Islamabad High Court had issued directions to conduct the LG elections but the successive governments of Pakistan Tehreek-i-Insaf (PTI) the Pakistan Democratic Movement (PDM) and Pakistan Muslim League-Nawaz (PML-N) governments were responsible for delaying the local government elections on one pretext or another.

He asked the ECP’s lawyer not to mix up UC constituencies with the National Assembly and directed him to finalise a date for the local government elections after consulting it with the federal government.

He warned of issuing contempt of court notice to the ECP and the federal government in case the date for holding elections was not finalised by the next date of hearing.

He pointed out that the CDA and Municipal Corporation Islamabad (MCI) were playing havoc with the lives of Islamabad’s citizens in the absence of an elected local government, adding that billions of rupees worth of taxes had been imposed on the citizens by the bureaucracy while the civic body was utilising funds of the MCI without any authorisation.

Additional Attorney General Barrister Munawar Iqbal Duggal pointed out that another court of the IHC washearing the identical matter.

Justice Kayani replied that he was not responsible for the matter pending before another court and adjourned the hearing till July 10.

Earlier, the counsel for the petitioners, Barrister Umar Ijaz Gilani, argued that the right to decide the rate of taxation was reserved for elected representatives of the people. The principle of “no taxation without representation” is adhered to in democracies all over the world. The role of the administrator is confined to day-to-day decisions. Therefore, the notification regarding an increase in the property tax is liable to be set aside.

The counsel further argued that under the Islamabad Local Government Act 2015, the administrator was supposed to hold his office for only six months. Therefore, the numerous extensions given to the administrator are without authority of law. He also stressed the need to ensure early elections for the local governments in Islamabad.

Justice Kayani remarked that the delay in the local government elections was indeed a cause of concern and represented a deviation from the constitutional scheme under Article 140A and various Supreme Court judgements.

Published in Dawn, June 5th, 2024