LAHORE - A Lahore High Court Full Bench on Friday issued notices to Attorney General and Advocate General Punjab on a petition seeking suspension of the Local Government elections schedule as process of delimitation of Union Councils was not finalised.
Headed by Justice Syed Mansoor Ali Shah, the Bench also directed the Election Commission to produce record of pre-schedule proceedings.
A resident of Toba Tek Singh, Iqrar Hussain filed the petition through Advocate Azhar Siddique and contended that Section 10-A of Punjab Local Government Act, 2013 was violative of principle of legislation as right to challenge could not be taken away through a statutory law.
As the bench resumed hearing, the counsel argued that population census in Punjab was held much before the general elections and the upcoming LG election in the province were also going to be held on the basis of previous voter lists.
He said no attempt with reference to population census or preparation of new voter lists was made by the ECP and the respective government.
Advocate Azhar Siddique stated that the homework as required for population census, correct voter list and delimitation was not finalised as required under the law and the said process was completed in haste on political consideration in order to benefit certain political persons. He said the section 10-A of the PLGA 2013 was added through an Ordinance in order to close the real issues for formation of the Local Bodies constituencies.
He pointed out that the impugned section of the Act debarred any member to challenge the delimitation after issuance of the election schedule.
He said a number of petitions were pending before the court on the subject of delimitation.
The counsel urged the court to declare that the Section 10-A of the PLGA 2013 was illegal, void, based on malafides, and violative to Article 10-A of the Constitution. He asked the court to suspend the notification about the schedule of the LG polls in the province till final decision of delimitation of constituencies. The Bench adjourned further hearing till Dec 30th and directed the Attorney General and Advocate General to assist it on the matter. Justice Farrukh Irfan Khan and Justice Atir Mahmood were the other two members of the Full Bench.