It seems govt wants to postpone LB polls till 2020, says SC

ISLAMABAD: The Supreme Court (SC) on Friday said it seemed the government wanted the postponement of the local bodies (LB) elections till 2020.The apex court reserved the judgment on the appeals against the Sindh High Court (SHC) decision with respect to delimitation of the constituencies. A three-member SC bench, presided over by Chief Justice (CJ) Tassaduq Hussain Jillani, took up the case for hearing on Friday.Jillani said, “How can the elections be held in a transparent manner if the people have no trust in delimitation of the constituencies? The court has the authority to interfere if any institution oversteps its powers. If the Election Commission of Pakistan (ECP) is paralysed due to the local bodies (LB) system, what should we do? If there are flaws in the LB system, what should the court do?” He further remarked it was kept in view while giving constitutional autonomy to the provinces that they would abide by the constitutional obligations. “Conducting the election is the ECP’s responsibility. Why the provinces are stripping the ECP of its powers on delimitation of constituencies. The court has to see if the clauses related to delimitation of the constituencies, which are incorporated in local bodies rules, conform to the constitutional command or otherwise,” he said. Justice Azmat Saeed said, “How can the provincial government be permitted to carry out delimitation of constituencies as per its own choice? The country was dismembered while protecting one clause. Is it not that the local bodies election match is a fixed match?” The CJ remarked that the court’s job was to interpret the Constitution and the powers enshrined therein. “If the powers are not exercised in a correct manner, the court is mandated constitutionally to interfere in it. How can the elections be transparent if the institution which carries out delimitation of the constituencies is partial?” Punjab Advocate General (AG) Mustafa Ramday told the court he had obtained directives from the government which would legislate in line with the guidelines given by the court.The court, while appreciating the government assurances, directed the AG to file this assurance in writing before it. The Attorney General (AG), Suleman Butt, said the powers for delimitation of constituencies in the LB election rested with the provincial government. The amicus curiae, Khawaja Haris, said that the ECP could conduct electoral process under its constitutional mandate where the law was silent. The AG said legislation was the mandate of the provincial government.Farooq H Naik said giving autonomy to the provinces was the motive of the 18th Amendment. Therefore, the Article 140-A was incorporated into the Constitution and powers were delegated to the provinces to provide the LB system. Providing the system did not fall in the powers of the ECP and delimitation was a part of this system. The 18th Amendment was aimed at ensuring provincial autonomy and giving financial, political and administrative powers to the grassroot level. The laws had to be provided by the provincial governments.” The CJ remarked, “The Constitution is a live document and its interpretation falls under the mandate of the court.”Farooq H Nakik presented a copy of the Charter of Democracy (CoD) in the court. Justice Azmat remarked that transparent elections were possible only if the process of delimitation was transparent.Later, Azhar Siddique, who had filed the petition against the Lahore High Court (LHC) decision, appeared in the court.The court, while issuing notices to the parties concerned on the petitions filed against LHC decision, adjourned the hearing of the case till March 3