IN THE SUPREME COURT OF PAKISTAN 
                (Original Jurisdiction) 
  
  
Present: 
                  Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
      Mr. Justice Jawwad S. Khawaja 
                  Mr. Justice Amir Hani Muslim 
Civil Miscellaneous Applicaton No.6882/13 in Constitution Petition No.77 of 2010 
(Letter by Election Commission of Pakistan dated 12.11.2013) 
 President Balochistan High Court Bar Association …          Petitioners 
                                                                Versus 
Federation of Pakistan and others                               …           Respondent 
  
For the Petitioner:                             Nemo. 
  
For the Applicant:                            Mr. Ishtiak Ahmed Khan, Secretary, ECP 
(CMA-6882/13)                                     Syed Sher Afgan, Addl. Secretary 
On Court’s Notice:                           Mr. Muneer A. Malik, Attorney General for Pakistan 
                                                            Mr. Abdul Latif Yousafzai, AG, KPK 
                                                            Mr. Khalid Javed Khan, AG, Sindh 
                                                            Mr. Muhammad Hanif Khattana, Addl. AG, Pb. 
                                                            Mr. Muhammad Farid Dogar, AAG, Balochistan 
  
Date of hearing:                               13.11.2013 
O R D E R 
            Iftikhar Muhammad Chaudhry, CJ.- In pursuance of letter dated 12.11.2013 
by the Election Commission of Pakistan, the instant matter was directed to be listed 
in the Court. Contents of the said letter are reproduced hereinbelow:- 
                        “The Registrar                                 the 12th November, 2013, Islamabad 
                         Supreme Court of Pakistan, 
                        Islamabad. 
Subject:           REQUEST FOR EXTENSION OF POLL DATES FOR 
HOLDING LOCAL GOVERNMENT ELECTIONS IN 
THE PROVINCES AND CANTONMENT AREAS 
                        Dear Sir, 
                        In continuation of the earlier letter of even date, it is 
pointed out that on account of certain practical and technical difficulties, 
the Election Commission of Pakistan has proposed revised poll 
programme/dates for the Local Government Elections in the Provinces and 
in the Cantonment areas in terms as follows:- 
 
          Sr.No. 
Province/Area 
Date 
1. 
For the Province of Punjab 
30.01.2014 
2. 
For the Province of Sindh 
18.01.2014 
3. 
For the Province of KPK and 
Cantonment Areas 
In the month 
of February, 
2014 
Const.P.77 of 2010 
 
2
                        
2.             As far as the Province of Balochistan is concerned, polling shall take 
place on the date, which has already been fixed i.e. 07.12.2013. 
3.            This may kindly be brought to the notice of the Hon’ble Supreme 
          Court of Pakistan. 
4.             This issue with approval of Election Commission of Pakistan. 
  
Yours sincerely, 
       
 
 
 
 
 
 
 
 
           -Sd- 
(Syed Sher Afgan) 
                                                                                                          Additional Secretary” 
It is to be noted that prior to receipt of the above letter on the even date another letter 
was received from the Election Commission of Pakistan (ECP) highlighting the 
difficulties being faced by the ECP in holding the local bodies elections on the date 
which have already been fixed for the Provinces of Sindh and Punjab. This Court, as 
back as on 5th April, 2012 while hearing a case relating to the law and order situation 
in the Province of Balochistan, noted that the main problem of the Province is of 
socio-economic nature which can only be solved if the general public of the Province 
is empowered by holding elections of local bodies which otherwise is an 
constitutional obligation of the Government in terms of Article 32 of the Constitution. 
As it is obligation of the Government to adhere to the constitution in letter and spirit 
and no one can be allowed in any manner, to deviate from any of its provisions 
particularly in view of the fact that the Constitution is a binding document as it has 
been given by 18 Crore people of this Country to themselves. Therefore, its 
provisions particularly relating to the general public empowering them politically, 
administratively and financially through their chosen representatives by establishing 
the system of the local government in terms of Articles 32 and 140A of the 
Constitution should be strictly observed. However, preceding to the above 
observations, orders were repeatedly passed by this Court calling upon the 
Provincial Governments as well as the Federal Government to hold local bodies 
elections as early as could be possible as it is the command of the Constitution and no 
deviation from the Constitution is possible. 
Const.P.77 of 2010 
 
3
2.                  In the meanwhile, another petition was filed by Raja Rab Nawaz, learned 
Advocate of this Court and subsequent thereto directions were issued to the Federal 
Government of Pakistan to hold elections in the Cantonment Areas. As for the last 18 
years election of local bodes have not been conducted in Cantonment areas whereas 
the Local bodies in the Provinces were dissolved on the following dates, and since 
then there is no local government in the Provinces despite of mandatory provisions 
of the Constitution.  
 Sr. No. Name of the Province 
Date of dissolution of 
Local 
Bodies 
in 
the 
Province 
1. 
Balochistan 
09.01.2010 
2. 
Khyberpakhtunkhwa 
(KPK) 
30.01.2010 
3. 
Punjab 
23.02.2010 
4. 
Sindh 
24.02.2010 
3. 
It is to be noted that the Governments of Balochistan, Sindh as well as Punjab 
had placed on record copies of the following letters, with the request to ECP to hold 
local bodies elections in their Provinces. 
 1. Nos.PS/Secy:Law/2013/66-70 dated 24.10.2013 (Balochistan) 
 2. No.SOR(LG)38-12/2013 dated 23.10.2013 (Punjab) 
 3. No.RO(LG) 4(18)/2013 dated 23.10.2013 (Sindh) 
  
Contents of one of the above letters (at Sr. No.1) read as under:- 
            “The Secretary, 
              Election Commission of Pakistan, 
             Islamabad. 
            
Subject:           HOLDING OF LOCAL GOVERNMENT ELECTIONS IN 
 
 
BALOCHISTAN 
Dear Sir, 
           Reference the captioned subject. Government of Balochistan is ready for 
holding Local Government Elections on 7th December, 2013, as already 
committed before the Hon’ble Supreme Court of Pakistan. In this regard, the 
delimitation process of 31 out of 32 Districts has been completed and 28 
Districts notified. The delimitation of Quetta has administrative, security and 
political dimensions and efforts are underway to develop consensus amongst 
the stakeholders for amicable solution regarding a decision at the higher level. 
The Local Government Act and related Rules have been framed. 
                                                                                   (Safdar Hussain) 
                                                                                        Secretary.” 
Const.P.77 of 2010 
 
4
It seems that in view of the request made in the above letter, election schedule was 
fixed by the ECP as on 27.11.2013 for Sindh Province  which was subsequently 
changed to 7th December, 2013 in pursuance of the request so made by the Provincial 
Government, through CMA-6797/2013 filed before this Court through Advocate 
General which was sent to the Election Commission of Pakistan for appropriate 
orders. Contents of the said order reads as under:- 
            
“This application has been filed on behalf of the Govt. of Sindh through 
the learned Advocate General Sindh under Order 33 Rule 6 of the Supreme 
Court Rules, 1980 seeking change of date from 27th November, 2013 to 
7th December, 2013 for holding local bodies’ election. The learned Advocate 
General, Sindh emphasized, inter alia, that one of the reasons for seeking 
extension is that the process for holding local government elections has 
commenced w.e.f. 9.11.2013 and the holidays of Ashora Muharram ul Haram 
fall on 14.11.2013 to 15.11.2013, therefore, it was constrained to postpone the 
elections. Similarly, representatives of the Ahle Tashi Community also met the 
Chief Minister, Sindh and expressed serious constraints and requested the 
Government to move application for adjustment of date of local government 
elections in Sindh. He also added that a large number of o ther representative 
groups from different communities have also met the Chief Minister with the 
same request. He further added that the Govt. of Sindh is fully committed to 
honour the orders passed by the Court to observe the constitutional obligations. 
We have pointed out to the learned Advocate General that the dates for local 
bodies’ elections are to be fixed by the Commission in pursuance of the request 
so made by the Provincial Governments. We are of the considered opinion that 
the Provincial Government had a constitutional obligation to hold local bodies’ 
election for the purpose of allowing the citizens of the country to show their 
participation in the political, administrative and financial responsibilities and 
authority through their representatives of the local government. Therefore, by 
taking into consideration the request so made by the Provincial Govt. of  
Sindh, we refer this application to the Election Commission of Pakistan for 
considering the application and may accommodate them because in the other 
Provinces like Punjab, and Balochsitan the elections are scheduled to be held on 
7th December, 2013. The learned Advocate General may, therefore, appear before 
the ECP during course of the day with the instant CMA and this order for 
passing appropriate orders by the Election Commission of Pakistan. The CMA 
is disposed of accordingly.” 
However, in the meanwhile no request for change of election schedule has been 
made either by the Province of Balochistan or by the Punjab Province. As far as the 
Province of KPK is concerned, despite of knowing its constitutional obligations no 
request has been filed for holding local bodies elections. 
4.         Learned Attorney General for Pakistan stated that as far as the local boides 
election in the Cantonment Areas is concerned, the Federal Government has 
Const.P.77 of 2010 
 
5
requested to the ECP for holding the elections in the Cantonments and the ECP has 
asked the Federal Government to fulfill certain requirements and the same will be 
done in the meanwhile.  
5. 
Needless to observe that as per the provisions of Articles 32 and 140A of the 
Constitution, as repeatedly emphasized, the Federal Government is duty-bound to 
hold elections in the Federal Area and Provincial Governments in the Provinces to 
ensure in the Provinces in order to ensure participation of the general public in the 
administrative, political and financial affairs of the Government by establishing local 
bodies system. As far as sub Article 2 of Article 140A is concerned, it cast a duty 
upon the Election Commission to hold the elections of local bodies in terms of sub 
Article 140A(1). Therefore, it should always remain prepared to meet the challenge 
and whenever any request by the Federal or the Provincial Government is made for 
holding elections, the ECP should comply with the same at the earliest.  
6. 
Be that as it may, as a revised Poll Programme noted herein above has been 
issued for holding local bodies elections in the Provinces of Punjab, Sindh and KPK 
and local bodies elections in Balochistan will also take place on 7th December, 2013 as 
already fixed, therefore, we are of the opinion that the Election Commission and the 
Provincial Governments have shown their commitment to the Constitution. Thus, 
without making further observation, instant matter stands disposed of. 
  
 
  
 
 
 
 
 
 
 
          Chief Justice 
  
 
 
 
     Judge 
  
 
  
 
 
     Judge 
Islamabad 
13th November, 2013 
M. Azhar Malik 
Approved for reporting.