IHC Reserves Verdict on Plea to Halt Islamabad Local Polls

The Islamabad High Court has reserved its verdict on whether a petition seeking to halt the local government elections in the federal capital is maintainable. Remarking on the matter, the court said that if someone spends crores of rupees, it was unclear what the court could do, adding that it was very alarming for someone to spend crores on an election and then say they had spent one lakh rupees.

Justice Umair Majeed Malik heard the petition filed by Chaudhry Amjad Ali. The court also reserved its verdict on the petitioner’s miscellaneous application seeking suspension of the local government election schedule.

During the hearing, counsel for the petitioner, Adil Aziz Qazi, argued that new constituency delimitations were carried out in 2024, after which an election schedule was issued, and that in 2026 a new Local Government Election Ordinance was promulgated. Justice Malik asked whether the ordinance had now become law. The counsel replied that it had not, and that it had been approved by the cabinet and had now reached parliament. He said that when the new ordinance came into force, the previous election schedule was withdrawn and the new delimitations were also annulled.

The counsel said the Act provides for one metropolitan corporation, whereas the ordinance provides for three. He added that after the ordinance lapsed, a schedule was issued without restoring the old delimitations. Justice Malik remarked that the question now was under which order the new delimitations had been made.

The counsel told the court that union councils and wards had been mixed together in the delimitations on which the elections are to be held. He said that in ward number two of one union council there are only two people, whereas at least three are required, including a candidate, a proposer and a seconder.

The court asked whether the proposer and seconder must come from the ward itself or could come from the entire union council. The counsel replied that they could only come from that same ward. Justice Malik said that if so, no election could be held in that ward, and asked counsel to point out the clause under which the proposer and seconder must be from the same ward. Adil Aziz Qazi said he would provide that clause to the court later.

Justice Malik remarked that if the delimitations were to be restored, an order should have been passed or objections should have been invited.

The counsel argued that the voter list was not provided by the date of the election schedule, that no one knew which ward their name was in, and that very few people had submitted nomination papers, after which the deadline was extended to the 8th. Justice Malik raised the point that the counsel was saying all of this was being done in haste and that the process was against the law.

The counsel requested that the election process be halted, noting that this court had previously granted a stay. He argued that if the court did not suspend the schedule now and the elections were held later, candidates would already have spent crores of rupees.

After the counsel’s arguments, the court reserved its verdict on whether the petition seeking to halt the local government elections is maintainable.