The Court expresses its concerns over the lack of response from the ECP and seeks the position of the commission
LAHORE:
The Punjab government has informed the Lahore High Court that the upcoming local elections in the province will be held on party basis as per Section 68 of the Punjab Local Government Act, 2025.
The statement was made during a hearing on a case challenging the legality of the law. The court, hearing a petition filed by Jamaat-e-Islami for holding elections on party basis, has sought clarification from the Election Commission regarding the conduct of elections.
The government lawyer argued that under Article 68 of the electoral law, elections must be held on a partisan basis. The court, however, expressed concerns over the lack of response from the Election Commission and adjourned the hearing to December 23.
Justice Sultan Tanveer Ahmed, who is hearing the case, noted that it is difficult to pursue the case in the absence of a response from the Election Commission.
In the previous hearing held on December 19, Justice Sultan Tanveer Ahmed had directed the Election Commission and the Punjab government to submit their responses by Monday (today). In the past, the court has ordered the Punjab government three times to submit a response, but the government has not complied with the court’s orders, leading the judge to express his displeasure.
Justice Tanveer Ahmed remarked that the government’s lack of response amounted to a waste of taxpayers’ money and stressed that a response had to be submitted for a decision to be taken. He added that if the government did not agree with the court’s decision, it could change the law.
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Imran Arif Ranjha, the Election Commission’s lawyer, submitted a written response, clarifying that the commission had nothing to do with the amendments to the Punjab Local Government Act.
He explained that the commission’s role was only to conduct elections in accordance with government directives and that the electoral calendar had already been published. Ranjha requested that the petition be dismissed as inadmissible.
Petitioners challenge amendments to the Act
The petitioners, represented by Chaudhry Zulfiqar, argued that the amendments to the Local Government Act were unconstitutional and violated the principles of democracy.
They claimed that the amendments deprived local bodies of their financial and administrative autonomy and transferred these powers to administrative officers. The petitioners also argued that holding non-party elections was a violation of constitutional rights and deprived citizens of their right to elect their local leaders.
In their petition, the petitioners requested the court to declare the amendments to the Punjab Local Government Act unconstitutional and direct the Election Commission to hold elections on party basis. They also sought an order preventing administrators and the bureaucracy from interfering in local elections.
Zulfiqar expressed concern that the amendments, particularly Sections 55 and 57 of the Act, granted extensive powers to administrators and bureaucracy, including the use of government funds, which he said contravened Sections 17, 32 and 140A of the Constitution.
