Justice Mohsin Akhtar Expresses Surprise Over Suspension of Election Decision by Same Bench

Islamabad: The Islamabad High Court (IHC) has reserved its verdict on a petition seeking early local government (LG) elections in the federal capital. Justice Mohsin Akhtar Kayani reserved the decision after hearing arguments from all parties.

During the hearing, Justice Kayani engaged in an exchange with the Assistant Attorney General and the Election Commission’s Director General (Law). He remarked that the non-conduct of local government elections has crippled the system. “Without local governments, nothing functions properly — no property tax can be imposed, and administrative work is paralyzed. Court orders on local body elections are being continuously violated,” he said.

Expressing astonishment, Justice Kayani added, “It is surprising that those who decided to hold elections in a single day later sat on the division bench and suspended the same decision. Since 2021, you have been violating the law repeatedly.”

Assistant Attorney General Usman Ghumman informed the court that the delay was caused by amendments to the local government law, emphasizing that legislation is Parliament’s domain.

In response, Justice Kayani remarked, “The current Parliament seems preoccupied with the 27th Constitutional Amendment. It is busy interpreting the Constitution — expecting another amendment right now seems difficult.”

Addressing the Assistant Attorney General, he said, “Every wrong act cannot be defended. Parliament is supreme; it can amend any law it wishes. But when bad laws are made, they must eventually be undone — and fixing them takes time.”

The Election Commission’s DG (Law) informed the court that complications exist in the 2025 amendments to the Local Government Act. Justice Kayani then asked, “So when will you announce the schedule for local elections? Give us a schedule, and we’ll set a possible date accordingly.”

The judge also gave significant remarks regarding the dual role of the CDA Chairman and Chief Commissioner being held by a single official. “It suits the government that one person holds two offices — no one seems to care. All powers of local representatives have been handed to the CDA, and no protection has been given to local government elections,” Justice Kayani observed.

The petitioner was represented by advocate Yawar Gardazi, while the Election Commission’s DG (Law) Arshad Khan appeared before the court. The IHC has reserved its judgment on the petition filed by Muhammad Ijlal regarding the conduct of Islamabad’s local government elections.