Government can go if violations of constitution continue - CJ Iftikhar

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QUETTA –Chief Justice Iftikhar Chaudhry has admonished authorities of the four provinces over undue delay in holding of local bodies (LB) elections. Heading a three-member SC bench at Quetta registry on Monday, the chief justice said that after 18th amendment, the local bodies have completely come within the domain of provinces but despite lapse of a long period LB polls have not been conducted. “The governments cannot violate the constitution for even single minute but local bodies elections are not being hold for a long period… if you have already decided to violate the constitution, which is being done by you, the court will not play the role of a silent spectator”, he remarked. All the four provincial governments apprised the court they have principally decided to conduct local bodies (LG) polls soon. Sindh Advocate General Fateh Malik told the bench that Sindh government would conduct LB polls by October this year.

Kybar Pakhtunkhwa AG Asadullah Khan also apprised the court about his province’s preparations for the polls. Balochistan Advocate General Amanullah Kanrani said that Balochistan was ready to conduct LB elections; however, it wanted to hold it along with other provinces. At this, chief justice said that Balochistan was facing more problems than other provinces so, instead of waiting for others, it should go for the polls at the earliest. On the occasion, Punjab Advocate General Ashtar Ausaf apprised the court about the difficulties and hurdles they were facing in holding local bodies polls. The chief justice remarked that Punjab government was required to conduct LB polls much earlier, pointing out that even Balochistan government, which was facing serious security problem, was all set to hold the elections. Punjab AG admitted Balochistan was first province to legislate in this connection.

The chief justice said that amendments in law was “yours responsibility” and, "If any citizen approaches the court with a plea that government is not adhering to constitution… then action could be taken against such government". After hearing the stance of advocate generals of the four provinces, the bench observed that governments of all provinces have principally committed to fulfill their constitutional obligation and they have pledged to hold local bodies elections as soon as possible. However, they have apprised the bench of some problems in conducting the polls thus a thorough consultation would be made before next date of hearing, he added. Issuing notice to Chief Election Commissioner, the bench said that the court be apprised about the voters’ lists on next date of hearing.
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