IN THE SUPREME COURT OF PAKISTAN 
  
           (Original/Appellate Jurisdiction) 
 
 
 
PRESENT: 
 
 
Mr. Justice Jawwad S. Khawaja 
 
 
Mr. Justice Sh. Azmat Saeed 
 
 
Mr. Justice Maqbool Baqar 
 
 
 
CIVIL MISC. APPLICATION NO.4109 OF 2015  
IN CONSTITUTION PETITION NO.77 OF 2010 
 
(Application of ECP seeking directions to the 
Federal Government to expedite the passing 
of the bill and framing of rules in order to 
enable ECP to hold Local Government 
Elections in ICT) 
 
 
President, Balochistan High Court Bar 
Association   
 
… Applicant (s) 
Versus 
Federation of Pakistan and others  
 
… Respondent (s) 
  
 
 
 
 
& 
  
 
 
  
 
CIVIL PETITION NO.1413  & 1455 OF 2015 
 
 
1.   Qamar Mustafa and others  
       (In CP No.1413 of 2015) 
 
2.    Muhammad Saleem and others  
       (In CP No.1455 of 2015) 
 
… Petitioner (s) 
Versus 
The Election Commission of Pakistan 
through the Secretary  and others   
 
 
… Respondent (s) 
  
 
 
 
 
& 
 
  
 
CONSTITUTION PETITION NO.39 OF 2015 
 
Syed Zafar Ali Shah  
 
… Applicant (s) 
 
Versus 
Election Commission of Pakistan and 
others  
 
… Respondent (s) 
 
 
For the applicant(s) 
: Mr. Muhammad Arshad, Addl. DG, 
ECP 
Mr. Abdul Qayyum, DD 
(In CMA No.4109/2015) 
Constn. P. No.77-2010 etc ICT elections 
- 2 - 
 
2 
For the petitioner(s) 
 
: Mr. Mobeenud Din Qazi, ASC  
(In CP No.1413 of 2015) 
 
Sardar Muhammad Aslam, ASC  
(In CP No.1455 of 2015) 
 
Syed Zafar Ali Shah, Sr. ASC (In 
person) 
(In Constn. P No.39 of 2015)  
 
For the Federation 
: Mr. Salman Aslam Butt, AGP  
(In Chamber hearing)  
Mr. Aamir Rehman, Addl. AGP 
 
  
Date of Hearing 
: 08.07.2015 
 
ORDER 
 
 
 
Jawwad S. Khawaja, J.- When we had taken up this 
matter at Sl. No.1 first thing in the morning, Mr. Aamir Rehman, 
learned Addl. AGP stated that there is a meeting in progress on this 
matter and if  the case can be taken up after 12:00  noon, he will be 
able to place complete information before the Court. At 11:15 a.m., 
we have exhausted the cause list. In these circumstances, let the 
hearing of this matter continue in Chambers at 12:00 noon. 
In Chambers at 12:00 noon 
2. 
 
The learned Attorney General for Pakistan is also now 
present. He states that the matter in the Senate has passed the 
Committee Stage on 30.6.2015. The proposed legislation has now 
been placed in the current session of the Senate on 6th July, 2015 and 
there is a reasonable expectation that the Senate will take a decision 
on the matter during the current week.  
3. 
 
The reason for our concern in this matter is that the 
citizens of the Islamabad Capital Territory still appear to be waiting 
Constn. P. No.77-2010 etc ICT elections 
- 3 - 
 
3 
for Local Government Elections. The last such elections were held in 
the Islamabad Capital Territory in 1992 and already a period of 23 
years has elapsed since then. The urgency in the matter and the need 
to provide elected Local Governments at the grass-roots level, at the 
earliest, cannot be gainsaid, particularly in view of the fact that Local 
Government Elections have already been held in Balochistan, KPK 
and in the Cantonment Boards while such election in Sindh and 
Punjab are scheduled for mid-September.  
4. 
 
Needless to say, in view of the fact that the expected 
legislation is not as yet in place, the Election Commission of Pakistan 
may notify a revised schedule for the said elections if this becomes 
necessary on account of delays in Parliament. We may note that the 
National Assembly passed the Local Government Bill on 26.3.2015 
and since then it is pending with the Senate.  
5. 
 
To come up on 03.8.2015 when we may consider the 
possibility  of Local Government Elections under previously existing 
legislation, so that the citizens of ICT  are not discriminated against 
and receive their right to elect their local bodies.  
 
 
  
 
Judge 
 
 
 
 
 
Judge 
 
 
 
Islamabad, the 
 
Judge 
08.07.2015 
 
 
Safdar/*