The court expresses concern over the lack of response from the ECP and seeks the Commission’s position
LAHORE:
The Punjab government has informed the Lahore High Court that the upcoming elections to local bodies in the province will be held on a party basis in accordance with Section 68 of the Punjab Local Government Act 2025.
The statement came during a hearing on a case challenging the law’s legality. The court, which is hearing a petition filed by Jamaat-e-Islami to hold elections on a party basis, sought a clarification from the Election Commission regarding the conduct of the elections.
The government’s lawyer argued that according to Section 68 of the Electoral Act, elections must be held on a party basis. However, the court expressed concern over the lack of response from the Election Commission and adjourned the hearing to December 23.
Judicial Magistrate Sultan Tanveer Ahmed, who is hearing the case, observed that it is difficult to proceed with the case without a response from the Election Commission.
In the earlier hearing held on December 19, Justice Sultan Tanveer Ahmed had directed the Election Commission and the Punjab government to submit their reply by Monday (today). The court has ordered the Punjab government to file a response thrice in the past, but the government failed to comply with the court orders, leading to expressions of displeasure from the judge.
Justice Tanveer Ahmed observed that the government’s lack of response amounted to a waste of taxpayers’ money and stressed that a response must be submitted in order to make a decision. He further said that if the government disagrees with the court’s decision, it can amend the law.
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Imran Arif Ranjha, the Election Commission’s lawyer, submitted a written reply 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 solely to conduct elections in accordance with government guidelines and that the election schedule had already been issued. Ranjha requested that the petition be dismissed.
The petitioners challenge changes in the law
The petitioners, represented by Chaudhry Zulfiqar, claimed that the amendments to the Local Government Act were unconstitutional and violated the principles of democracy.
They argued that the changes had stripped local bodies of their financial and administrative autonomy and transferred those powers to administrative officials. The petitioners also argued that holding non-partisan elections was a violation of constitutional rights and deprived citizens of their right to elect their local leaders.
In their petition, the petitioners asked the court to declare the amendments to the Punjab Local Government Act unconstitutional and order the Election Commission to conduct elections on party basis. They also sought an order to restrain administrators and the bureaucracy from interfering in the local government elections.
Zulfiqar raised concerns that the amendments, particularly Sections 55 and 57 of the Act, gave extensive powers to administrators and the bureaucracy, including the use of government funds, which he argued were in violation of Articles 17, 32 and 140A of the Constitution.
