ISLAMABAD - Pakistan People’s Party Wednesday filed a petition in the Supreme Court saying the local governments elections in Cantonment areas on non-party basis are ultra vires of constitutional provisions.
Raja Pervaiz Ashraf, General Secretary PPP, filed the petition under Article 184(3) of Constitution making the federation through Secretary Ministry of Law, Justice & Parliamentary Affairs, and Election Commission of Pakistan, as respondents.
The PPP assailed the vires of Sections 61 of Ordinance 2002 and Section 15BB of 1924 Act. The petitioner said that the President of Pakistan on 5th March 2015 promulgated Cantonment (Amendment) Ordinance, 2015 making changes to the provisions of the Ordinance 2002 including Section 58, Section 59, Section 60 and Section 62 and thereby made the elections on adult franchise and single electorate basis.
However, neither Section 61 of the Ordinance 2002 was omitted nor altered to make it compatible with the equal rights of all citizens. Section 61 of Cantonment Ordinance, 2002 says: “Local government elections in the cantonment shall be held on non-party basis,” The petitioner also said that the Section 15BB of Cantonment Act, 1924 has also not been amended and altered.
The petition said millions of people in 43 Cantonment areas in all the four provinces would cast their vote and in the Local Bodies elections, the schedule of that has already been announced by the ECP. It maintained that the seats in Cantonment areas LB polls got to be filled in accordance with the law and the mandate of the Constitution, especially Article 17.
The petitioner said the Section 61 of the Ordinance 2002 is not tenable in law as the ‘elections on non-party basis’ is ultra vires in the letter and spirit of Article 4, 8, 17, 19 and 25 of the Constitution and directly violates the exercise of legal and fundamental rights of the political parties and the citizens.
“True democracy means very participation of ‘all political parties’ in the elections whether it’s Local Government, Provincial, National or Senate.” In all these elections, it is the ‘political parties’ that campaign as a whole for its candidates and all candidates pursue the ‘political agenda’ of that party. This brings in the ‘political symbol’ of the party into play, which cannot be allocated unless ‘elections’ are held on ‘Party Basis’.
“The party based elections are sin qua non to fair and transparent democracy,” the petition said, and added that the Cantonment areas cannot be considered as a ‘no-go zone’ to exclude “political parties” from participation in the LG polls.
If the political party is disabled to participate in an election it loses its political texture, which would not be germane to the democratic setup, under the Constitution after the 18th Amendment.
Millions of civilians in 43 Cantonment areas of all the four provinces undoubtedly have the equal rights, yet no local elections have been held in those areas for the last 15 years, besides the fact that the clause 2 in Article 140A of Constitution, requires the Election Commission of Pakistan to organize and conduct elections.
Raja Pervaiz Ashraf, General Secretary PPP, filed the petition under Article 184(3) of Constitution making the federation through Secretary Ministry of Law, Justice & Parliamentary Affairs, and Election Commission of Pakistan, as respondents.
The PPP assailed the vires of Sections 61 of Ordinance 2002 and Section 15BB of 1924 Act. The petitioner said that the President of Pakistan on 5th March 2015 promulgated Cantonment (Amendment) Ordinance, 2015 making changes to the provisions of the Ordinance 2002 including Section 58, Section 59, Section 60 and Section 62 and thereby made the elections on adult franchise and single electorate basis.
However, neither Section 61 of the Ordinance 2002 was omitted nor altered to make it compatible with the equal rights of all citizens. Section 61 of Cantonment Ordinance, 2002 says: “Local government elections in the cantonment shall be held on non-party basis,” The petitioner also said that the Section 15BB of Cantonment Act, 1924 has also not been amended and altered.
The petition said millions of people in 43 Cantonment areas in all the four provinces would cast their vote and in the Local Bodies elections, the schedule of that has already been announced by the ECP. It maintained that the seats in Cantonment areas LB polls got to be filled in accordance with the law and the mandate of the Constitution, especially Article 17.
The petitioner said the Section 61 of the Ordinance 2002 is not tenable in law as the ‘elections on non-party basis’ is ultra vires in the letter and spirit of Article 4, 8, 17, 19 and 25 of the Constitution and directly violates the exercise of legal and fundamental rights of the political parties and the citizens.
“True democracy means very participation of ‘all political parties’ in the elections whether it’s Local Government, Provincial, National or Senate.” In all these elections, it is the ‘political parties’ that campaign as a whole for its candidates and all candidates pursue the ‘political agenda’ of that party. This brings in the ‘political symbol’ of the party into play, which cannot be allocated unless ‘elections’ are held on ‘Party Basis’.
“The party based elections are sin qua non to fair and transparent democracy,” the petition said, and added that the Cantonment areas cannot be considered as a ‘no-go zone’ to exclude “political parties” from participation in the LG polls.
If the political party is disabled to participate in an election it loses its political texture, which would not be germane to the democratic setup, under the Constitution after the 18th Amendment.
Millions of civilians in 43 Cantonment areas of all the four provinces undoubtedly have the equal rights, yet no local elections have been held in those areas for the last 15 years, besides the fact that the clause 2 in Article 140A of Constitution, requires the Election Commission of Pakistan to organize and conduct elections.
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