ISLAMABAD: The Supreme Court of Pakistan on Thursday issued a notice to the Election Commission of Pakistan in a case pertaining to the Peshawar High Court\u2019s (PHC) decision regarding local body elections in Khyber-Pakhtunkhwa (K-P).<\/p>\n
A two-member bench, presided by Justice Umar Ata Bandial, heard the case and ordered the advocate general of KP and other parties to provide judicial assistance.<\/p>\n
Justice Bandial stated that the parties involved belong to political parties and Khushdal Khan is a member of the provincial assembly, while Kamran Murtaza is a senator.<\/p>\n
\u201cAll parties should remain neutral while supporting the court, and should aim for fair and transparent elections,\u201d he said.<\/p>\n
Justice Bandial also questioned why local body elections cannot be held on a party basis in the province, to which Advocate General K-P Shamail Butt said the PHC did not disclose its reasons in the decision.<\/p>\n
\u201cThe PHC has ordered local body elections on December 19,\u201d Advocate General K-P Shamail Butt said.<\/p>\n
\u201cLet\u2019s wait for the reasons in the detailed decision of the PHC,\u201d Justice Bandial urged.<\/p>\n
According to the advocate general, there is no legal mechanism for holding elections on a party basis, and if the government does agree to hold local body elections on a party basis, there is no scope for it within the law.<\/p>\n
Justice Bandial asked the advocate to bring forth the ordinance, emphasising that the other three provinces hold local body elections on party basis. He also questioned what was wrong in adopting the mechanism of the other provinces.<\/p>\n
\u201cThe high court should have given time for the elections, instead of providing a schedule,\u201d Shamail stated, adding that this will be the first election of its kind to have three candidates from the same party with election symbols on the same ballot paper.<\/p>\n
Advocate General Shamail further questioned how illiterate voters will distinguish between the symbols and decide who they should vote for.<\/p>\n
To this, Justice Bandial asked what amendment could be made to the law which would make village council elections party-based.<\/p>\n
Lawyer Kamran Murtaza maintained that there no mechanisms could be formed erected for a party-based election in such a short period of time.<\/p>\n
He added that the ECP had resolved this matter and had begun issuing ballot papers. To this, Justice Sajjad Ali Shah questioned what solution the ECP had devised to issue ballot papers.<\/p>\n
Justice Bandial recommended adding pictures of the candidates to the ballot papers.<\/p>\n
\u201cWhatever the solution is, the ECP cannot do anything until the provincial government amends its rules,\u201d Advocate Shamail maintained. Justice Bandial then gave a week to all candidates to aid the court with their suggestions.<\/p>\n
\u201cClear and transparent elections are the responsibility of the ECP,\u201d Justice Sajjad said. The two-member bench also suggested that the case should be taken up before a three-member bench.<\/p>\n
The case was adjourned till November 30.<\/p>\n