Court expresses concern about ECP’s lack of response and seeks the commission’s position
LAHORE:
The Punjab government has informed the Lahore High Court that the upcoming local body elections in the province will be held on a party-wise basis in accordance with Section 68 of the Punjab Local Government Act, 2025.
The statement came during a hearing on a case challenging the legality of the law. The court, which is hearing a petition filed by Jamaat-e-Islami seeking to hold partisan elections, sought clarification from the Election Commission on the holding of elections.
The government lawyer argued that, according to article 68 of the Electoral Law, elections must be held by parties. However, the court expressed concern 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 proceed with the case without 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 three times ordered the Punjab government to file a reply, but the government failed to comply with the court orders, prompting expressions of discontent from the judge.
Justice Tanveer Ahmed commented that the government’s lack of response was akin to wasting taxpayers’ money and emphasized that a response must be submitted so that a decision can be made. He further stated that if the government does not agree with the court’s decision, it could modify the law.
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Imran Arif Ranjha, lawyer for the Election Commission, 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 only to conduct elections in accordance with government guidelines and that the electoral calendar had already been published. Ranjha requested that the petition be dismissed as inadmissible.
The petitioners challenge the amendments to the law.
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 had stripped local bodies of their financial and administrative autonomy and transferred these powers to administrative officers. The petitioners also argued that holding nonpartisan 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 direct the Election Commission to hold party-based elections. They also sought an order to prevent administrators and bureaucracy from interfering in local government elections.
Zulfiqar expressed concern that the amendments, particularly sections 55 and 57 of the Act, gave sweeping powers to administrators and bureaucracy, including the use of government funds, which he said contravened Articles 17, 32 and 140A of the Constitution.
