SC announces detailed judgment on LBE in Punjab

ISLAMABAD: The Supreme Court on Friday announced detailed judgment regarding to hold Local Body Elections (LBE) in Punjab.

Chief Justice Tassaduq Hussain JIllani wrote 13 paged detailed judgment regarding to hold LBE in Punjab while stating that the power to hold elections of the Local Government stand vested in the Election Commission of Pakistan (ECP) in terms of Article 140A of the Constitution.

The ECP had been mandated to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly and fairly in accordance with law.

The judgment dictated that Sections 8 to 10 of the Punjab Local Government Act, 2013 and the relevant Rules framed there-under are ultra vires of the Constitution in so far as they empower the Provincial Government to carry out the delimitation of the constituencies for the Local Government.

The apex court maintained that since the delimitation of constituencies of the Local Government is part of the process of organizing and holding elections honestly, justly and fairly which is the Constitutional mandate of the ECP, so the power to carry out such delimitation should vest with the ECP.

Holding of election of Local Government had been delayed for more than nine years, which is violation of the Constitutional command So the apex court directed the Governments, Federal and Provincial (of Punjab) to carry out appropriate amendments / legislation to empower the ECP to initiate and carry out the process of delimitation of constituencies for the Local Government Elections.

This exercise should be completed within a period of five months from today and the ECP shall thereafter take requisite measures to carry out the process of delimitation of constituencies for the Local Government expeditiously so as to complete the same within a period of 45 days of the enactment/amendments in laws in terms of this order.

The ECP shall further ensure that the announcement of election schedule and the process of holding it is completed by or before 15th of November, 2014 supreme court directed.