Law: Elections Act, 2017

Section: 8(c),58,228

Law: Islamabad Capital Territory Local Government Act, 2015

Section: 31

Law: Islamabad Capital Territory Local Government Act, 2015

Section: 11(2)

Elections Act (XXXIII of 2017)--- ----Ss. 8(c), 58 & 228---Islamabad Capital Territory Local Government Act (X of 2015), S.31---Islamabad Capital Territory Local Government (Conduct of Elections) Rules, 2015, R.11(2)---Bye elections---Deferring election schedules were aggrieved of the notification issued by Election Commission for deferring bye elections on different seats vacant in different Union Councils---Validity---No written explanation or reason was offered by Election Commission in the notification in question deferring election schedule---Only in an earlier notification it was provided that due to law and order situation in Islamabad Capital Territory the poll date was deferred---Such deferment was for an indefinite period and the same was the situation in another subsequent notification---Notification in question was not tenable as Election Commission, under R.11(2) of Islamabad Capital Territory Local Government (Conduct of Elections) Rules, 2015, was required to revise entire election schedule with respect to bye-elections in Union Council concerned---Under the provisions of S.31 of Islamabad Capital Territory Local Government Act, 2015, where a vacancy was created of a Mayor, Deputy Mayor, Chairman or Vice Chairman etc. elections were to be conducted within 30 days from the date, when such vacancy was notified---High Court directed Election Commission to announce election schedule with respect to bye-election and set aside the notification in question---Constitutional petition was allowed, in circumstances. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.---This judgment shall decide instant petition as well as W.P. No.405-2020, as common questions of law and facts are involved. 2. The petitioners, in both the petitions, have assailed notification dated 30.01.2020 issued by Election Commission of Pakistan, whereby the poll date with respect to elections of Union Council-40 (I-8), Islamabad as well as post election schedule has been announced. 3. Learned counsel for the petitioners, inter alia, contended that under Rule 11 of the Islamabad Territory Local Government (Conduct of Elections) Rules, 2015, entire fresh schedule has to be issued…

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