PHC suspends KP LG election schedule, tells ECP to hold polls

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PHC suspends KP LG election schedule, tells ECP to hold polls once 'weather has normalised'​

Sirajuddin
February 4, 2022


The Peshawar High Court on Friday suspended a notification issued by the Election Commission of Pakistan (ECP) to hold the second phase of the local government polls in Khyber Pakhtunkhwa on March 27, and directed the electoral watchdog to instead hold the polls after Ramazan (April) due to the rough weather forecast in various parts of the province next month.

The PHC's Abbottabad bench issued the directions while hearing a petition filed by a citizen who contended that various districts in the province would be shut by heavy snow in March, following which the voters would struggle to reach polling stations under severe cold and through snow-covered roads.

The ECP had on Jan 20 announced the schedule and a code of conduct for the second phase of local government elections in 18 districts of the province. The first phase of elections was held in 17 districts on Dec 19.


In its order today, Justice Shakeel Ahmed of the PHC's bench remarked that the authorities were bound to ensure law and order situation and weather conditions were normal in areas where polls were to be held.

"However, the ECP failed to take decisive action despite various letters written by the provincial government and reports submitted by the meteorological department to the ECP for postponement of the second phase of polls in the disturbed area(s)," the court said in its order.

The Met office, in letters to the ECP, had predicted snowfall and heavy rains in mountainous areas of the province in the month of March and urged the ECP to review its schedule for the polls.


The court also explained in its order that "there should be a set of laws and rules containing provisions with respect to all matters relying to, or in connection with the election."

The PHC said it was of a view that fair, free and transparent elections were not possible in the disturbed areas.
"We, therefore, set aside the impugned Notification No. No.F.16(1)/2021-LGE-KP dated 20.01.2022, and direct the Chief Election Commissioner of Pakistan to reschedule the Elections after Ramadhan 2022 or as and when the weather is normalized in the aforementioned areas," the court order concluded.

Following the court's directives, the ECP sent a letter to all returning officers, asking them to not issue any notification related to the local government polls until further orders.