ISLAMABAD - The Sindh and the Punjab governments have informed the Supreme Court on Monday that all the formalities to hold Local Government elections in the respective provinces are complete and will hold the polls on the dates announced by Election Commission of Pakistan. 
Khyber Pakhtoonkhwa and the Islamabad Capital Territory (ICT) are now left where the requisite law for holding LG polls is not yet passed. Balochistan has also passed the law and the delimitation there is in final stages. A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Gulzar Ahmed was hearing a constitutional petition against non-holding of Local Government elections throughout the country.
Additional Advocate General Punjab Hanif Khatana informed the court that the law has been made, the rules for holding elections have also been prepared and the delimitation is complete but only objections have to be heard and hopefully by 4th November gazette notification would be issued.
Advocate General Sindh Khalid Javed also told the court the law has been made, delimitation completed, and only objection have to be heard. He said yesterday (Sunday) Sindh Chief Minister Syed Qaim Ali Shah in a meeting held under his chairmanship had also made a statement to this effect, and now it was the responsibility of the Election Commission of Pakistan to hold local body elections at the earliest as the provincial government was ready for the task and would provide full assistance to the ECP in this regard. He said under Article 140A of the Constitution, the provincial governments were responsible for making laws and determining delimitations for local government polls.
The court has directed both the advocate generals to submit the statements on behalf of their respective chief executives regarding holding of elections in the last week of November 2013.
Abdul Latif Yousafzai, the AG KPK, informed the court that the government has approved the draft law for holding LG polls, which has now been in the provincial assembly, and hopefully it would be passed this week.
He said the provincial government had been simultaneously working on framing the rules for Local Government elections and the delimitation process in the KPK. He further told that instead of union council they would have village councils. “Due to Eid holidays and the killing of KPK minister, the matter has been delayed,” he said.
Shah Khawar, Additional Attorney General, appearing on behalf of the federation regarding LG elections in Islamabad Capital Territory (ICT), said the Islamabad case is distinguishable as the first time the transaction would be between the un-elected civil bureaucracy to elected representatives of the people.
The AAG informed the court that the government was in the process of making new law so that LG polls could also be held in urban areas of the federal capital, adding the Local Government Ordinance 1979 covered only rural areas of it. Now the government wanted to hold elections in urban and rural areas of Islamabad.
On the request of the Balochistan government, the case was adjourned till 23rd October.
Agencies add: Criticising the Election Commission of Pakistan (ECP) in failing to expedite process of holding Local Government (LG) elections across Pakistan, Chief Justice Iftikhar Muhammad Chaudhry Monday said, “It appears as if the ECP is creating hurdles in holding the local bodies polls.”
A three-judge bench of the Supreme Court, headed by the chief justice, was hearing a case pertaining to holding of local government elections in the country.
Representing the Election Commission, DG Election Sher Afgan said notifications regarding new delimitation had not been received from provinces therefore the ECP was unable to hold elections in time.
Upon which the chief justice said the ECP should hold the elections under prevailing systems in provinces which have failed to submit due notifications. However, the DG election argued that provinces have legislated new laws with old delimitations therefore notifications for new delimitations were mandatory.
Chief Justice Chaudhry responded saying the Election Commission was creating hurdle in holding the polls. “It seems if the Election Commission is creating hurdles in holding the local bodies elections,” he said. “Local government elections are a constitutional obligation which will help reduce problems of the people if implemented upon,” he added.