SYED MANSOOR ALI SHAH, J.---Petitioners, who are registered voters of various wards of Cantonment Board Walton, Lahore, have challenged the constitutionality and legality of section 14 of the Cantonment Local Government (Elections) Ordinance, 2002 ("Ordinance") whereby local government elections in Cantonment are to be held on non-party basis. The elections to fill the general seats in Wards of Cantonment Boards (local government) have been scheduled for 25-4- 2015 vide Notification dated 20-3-2015 issued by the Election Commission of Pakistan, which has necessitated the filing of the instant petition.
2. It has been argued by the petitioners that Local Government Elections on non-party basis under Local Government Act, 2013 have already been struck down being opposed to Article 17(2) of the Constitution, by a Division Bench of this Court vide judgment reported as "Pakistan Peoples Party v.
Government of Punjab and others" (PLD 2014 Lahore 330), therefore, on the same analogy, section 14 of the Ordinance also ought to be struck down. They also pointed out that the Provincial Government did not challenge the said judgment which has, therefore, attained finality.
3. Learned Deputy Attorney Generals for Pakistan, as well as, learned counsel for the respondent submit that Cantonment is a federal subject and therefore elections to the Cantonment Local Government are not constitutionally protected under Article 140A of the Constitution. They, however, had no convincing explanation to render regarding the vires of section 14 on the touchstone of Article 17(2) of the Constitution.
4. Parties have been heard.
5. In order to determine the constitutionality of section 14 of the Ordinance, it is important to first understand the constitutional significance of a political party in a liberal democracy and then examine section 14 of the Ordinance against a cluster of fundamental rights under Articles 15, 16, 17, 19 and 19A of the Constitution.
6. In a democracy, every citizen can participate in the democratic process by freely acceding information about political issues, by openly expressing their own opinion on public affairs, by formulating expectations, proposals or requirements without fear of repression, by voting in elections, by engaging in civil society organizations or political parties, or by standing up as a candidate in democratic elections. In this way, democracy is the "government of the people, by the people, for the people." The following basic elements are present in any democratic system: -- The governing bodies have to be occupied by elected authorities -- Free and fair elections have to take place regularly. -- All adults have to possess the right to vote and to be elected to political office. -- Freedom of opinion has to reign without anybody being persecuted for freely expressing his opinion. -- Free access to alternative and pluralistic sources of information should be guaranteed. -- The right to form independent associations, groups of interest and political parties must exist so that the previously mentioned rights can be executed.
7. "In a democracy, most if not all citizens should be involved in political activities. However, a direct democracy where every citizen is directly involved in all political decisions is not possible within modern mass societies. This is why a modern democracy needs institutions and organisations that represent the will and the interests of the citizens as authentically as possible. These can be associations, informal groups or non-governmental organisations. In particular, the political parties carry out such a representative function. They offer to the citizens the possibility to influence politics and political decisions. They are an important instrument and institution of politics. Without political parties, a modern representative democracy is not conceivable. Only the parties ensure that the citizens are permanently capable to act politically. They articulate and integrate different interests, visions and opinions. They are also the main source for the recruitment of political elites.
All politics are local, as the late Speaker of the United States Congress, Tip O'Neill, once observed. At the same time, when functioning properly, political parties help place citizens local concerns in a national context. Parties can mediate. They can create common ground. Parties can create grounds for compromise and thus they can help societies unite and remain united. Political parties are not perfect but no other national institution can serve as well to aggregate and represent citizen's interests or impede government fiat. In over two centuries, there has been no democracy without political parties. When public confidence in political parties is compromised, the entire democratic process suffers. In all sustainable democracies, the party system must be deeply and durably entrenched in the fabric of society."
8. Political parties perform an important task in government. They bring people together to achieve control of the government, develop policies favorable to their interests or the groups that support them, and organize and persuade voters to elect their candidates to office. "At its simplest, a political patty is an organization which allows like-minded C people to work together to promote certain ideas and achieve certain goals. The co-operation and collaboration of people with different experiences, skills, knowledge and views within a political party is what enables that party to develop policies across the whole range of concerns which the national interest requires."
9. Political parties can serve multiple functions. They are necessary to build and aggregate support among broad coalitions of citizens' organizations and interest groups; to integrate multiple conflicting demands into coherent policy programs; to select and train legislative candidates and political leaders; to provide voters with choices among governing teams and policies; and, if elected to office, to organize the process of government and stand collectively accountable for their actions in subsequent contests. Representative democracy is impossible without multiparty1 2 3 4 5 competition. Political parties accordingly function uniquely and constitute a cornerstone of democratic society. The long list of their potential functions can be summarized under five key headings: (1) the integration and mobilization of citizens; (2) the articulation and aggregation of interests; (3) the formulation of public policy; (4) the recruitment of political leaders; and (5) the organization of parliament and government. Some of the fundamental functions of a political party are as follows:--.- They articulate and aggregate social interect: Parties express public expectations and demands of social groupings to the political system (=function of political opinion making).
They recruit political personnel and nurture future generations of politicians: They select persons and present them as candidates for electionsfunction of selection).
They develop political programmes: Parties integrate various interests into a general political project and transform it into a political programme, for which they campaign to receive the consent and support of a majority (=function of integration).
They promote the political socialization and participation of citizens: Parties create a link between citizens and the political system; they enable political participation of individuals and groupings with the prospect of success. (=function of socialization and participation).
They organize the government. They participate in elections to occupy political charges. Normally in party democracies, a good part of government authorities arise from political parties (=function of exercising political power).
They contribute to the legitimacy of the political system: in establishing the connection between citizens, social groupings and the political system, the parties contribute in anchoring the political order in the consciousness of the citizens and in social forces (= function of legitimating).
10. Existence of a political party is integral to a representative democracy. The advantages of having a political party are as follows; i.. Aggregate the many and diverse interests in society into reasonably clear political programmes; ii. Simplify electoral choices for citizens; Select candidates for election to Parliament and other bodies; Political parties nominate candidates for political office. They narrow the field from a multitude of choices to a manageable few credible candidates. This simplifies the voters' role and brings a certain order to what could be a chaotic electoral process; iii. Provide coherence to Parliamentary parties thereby facilitating government. Parties also bring order to the process of policymaking. As party members, individual politicians have a ready-made group of allies that will usually cooperate with their efforts to pass and implement legislation. In addition, party alliances close the gap between the legislative and executive branches. While separated by the Constitution, the existence of political parties narrows the distance between the branches and helps them work together; iv. Enable ordinary citizens to participate in the policy-making process; Political parties inform and energize their members.
They send out brochures, run media campaigns, knock on doors, and call voters on the phone.
Individual candidates can do the same thing, but parties maintain elaborate networks of state and local offices that can be immediately pressed into the service of a candidate once the party nomination is secured. In addition, parties have fundraising apparatuses in place that simplify their candidates' ability to finance their campaigns; v. Help to provide a broad political education. The political parties educate public opinion through their propaganda. They publish newspapers, magazines, journals and other printed literature for popularizing their programmes and politics. Moreover, they have a host of speakers who explain and defend party programmes through Press and Platform. It is thus by means of Press and Platform that political parties impart education to the people. The political discussion by parties enables the voter to find the truth for himself. They raise issues, present facts, analyze them and6 7 8 present alternative solutions. The voter is gripped with the issues and can choose the solution that he considers best; vi. A political party acts as a brand, because it is associated with certain values, ideas or actions the public in general should know. In broad terms, what people who associate themselves with that brand, stand for; vii. By seeking to appeal to a wide range of voters political parties are able to act as a counterweight to special interest groups which could otherwise seek to manipulate government to their own benefit; viii. Parties can help citizens "who are on the losing side in elections and policy debates to accept defeat". They do this by encouraging an understanding that while their party may lose now, it may win on another occasion: this keeps politics "non-violent"; ix Monitor the Opposing Party in Power. Parties also serve as critical watchdogs for the public. The adversarial relationship between the major parties ensures that the party out of power will keep a close eye on its opponent and notify the public of any wrongdoing or policy misstep; x. Formation of Public Opinion. Political parties formulate public opinion. In democracy, every adult enjoys the right to vote. Every citizen is to express his or her opinion at the time of election. They place clear alternatives before the people. E Citizens rally round different political parties and public opinion is thus organized into definite channels. Political parties in this way provide an effective means for an organized expression of views on vital question of public policy; xi. Public Spiritedness. Political parties arouse popular interest in public affairs. It is due to this propaganda of political parties that every party system person in modern democratic times appears to be attached to the public life of his or her country; xii. Essential for Success of Parliamentary Democracy. Political parties make parliamentary democracy a success. The majority party forms the government and the minority parties form the opposition. The Opposition criticizes the policy of the government and thereby exposes the weakness, inefficiency and drawbacks of the government. It seeks to defeat the party in power and tries to step into its shoes by winning over a majority in support of its policy. The opposition plays an important role in the sense that it checks the despotic or arbitrary tendency of the government and makes it respond to popular needs; xiii. Link between the Government and the People. The political party belonging to the majority group in the legislature serves to maintain a link between the government and the people. Its rank and file explain and popularize the policies, pursued by the government. The political organization maintains a continuous connection between the elected representatives and thus makes the government really representative. There is a greater harmony between the people and the government; xiv. Co-ordination in different Organs. Political parties serve to bring about a sort of co-ordination in the working of different organs of the government. They have played this role in the U.S.A. where the government is based on the principle of 'separation of powers'. They act as a unifying force. It makes for a continuous policy and continuity in administration. The executive and the legislature co-operate and formulate a unified policy; xv. Political Parties create unity in the Nation. Every party has to formulate programme that can appeal to all the voters, or at least to a majority. The class differences, therefore, get reconciled;
11. Political parties are, therefore, a mechanism by which people of any background can be actively involved in the task of shaping policy and deciding how society should be governed. While they are not perfect organizations they are essential for the effective functioning of our democracy. Without the support of political parties it would be difficult for individuals, as legislators or as members of the Executive, to organize themselves effectively for the task of promoting the national interest.
Importance of political parties in a modern constitutional State cannot be overemphasized, the9 working of entire governmental machinery depends upon them. The fact of the matter is that political democracy cannot be conceived of without political parties. They put into practice the public opinion which they have been instrumental in moulding and expressing. They help in the formulation and expression of a general will which is the core of democracy.
12. Party system implies an elective and a representative system of government. It is through this institution that the government can be made answerable to the people and therefore responsive to the needs of the general masses and the community as a whole rather than a section of it. The party system is based on the assumption that the people are rational beings, are able to exercise their franchise wisely and elect good government for themselves. Thus it provides a method for peaceful change of government without violent revolutions and coups. It provides the much desired flexibility in the government structure.
13. Political parties in order to be effective, require to engage in local political activity. In 2004 a Report by Alexandra Runswick argued that the engagement of local parties with the electorate is important because: a. personal canvassing by local parties meets "the electorate's basic desire to meet the people from the party they are being asked to vote for": this, she argues, leads to greater responsiveness and greater medium to long-term loyalty than canvassing by post or by national advertising; and b. a strategic campaign of reaching out to the community would enable parties to address their lack of diversity. Local parties will need to recruit, mentor and develop the skills of people from under-represented groups if those people are to be future council or parliamentary candidates and give the electorate a greater choice; and c. personal canvassing "forces both the electorate and members of political parties to see each other as fellow citizens", and provides a corrective to the cynicism of much media coverage of politice.
14. Preamble to The Political Parties Order, 2002 ("Order") is illustrative and states that the need for a political party is intended to create a political environment conducive to the promotion of a federal democratic system as enshrined in the Constituiionpolitical parties play a pivotal role in fostering a constitutional, federal democratic political culture and practice of democracy within the political parties will promote democratic governance in the country for sustaining democracy... "Political party means an association of citizens or a combination or groups of such associations formed with a view to propagating or influencing political opinion and participating in elections for any elective public office or for membership of a legislative body". Cornelius CJ in Abul Ala Maudoodi v. Government of West Pakistan defined the expression "political party" to mean: The ordinary conception of a political party includes a right within the framework of the Constitution to exert itself through its following and organization, and using all available channels of mass communication, to propagate its views in relation to the whole complex of the administrative machine, including the legislatures, in respect of matters which appear to it to require attention for the amelioration of conditions generally throughout the nation, for improvements particularly in administrative procedures and policies, as well as in the legislative field, even to the extent of proposing and pressing for amendment of the Constitution itself.
15. The importance of political parties was highlighted by Saad Saood Jan, J, who had remained actively associated with the preparation of the draft of the 1973 Constitution, in Muhammad Nawaz Sharif Case in the following manner: The Constitution Committee of the National Assembly which was entrusted with the task of preparing the draft was of the opinion that the right of freedom of association as guaranteed in the earlier Constitutions of 1956 and 1962, qualified as it was with a number of restrictions, did not give sufficient protection to the political parties against the Executive which in the past had no hesitation in limiting or stifling their ordinary activities, particularly if these were *directed against10 11 12 13 14 the party in the Government. It was felt that for the democracy to flourish in the country, it was essential that the political parties should be entirely unfettered except when they worked against the sovereignty and integrity of Pakistan. The experience of 1962 Constitution was before the Committee for despite the fact that it guaranteed freedom of association severest possible checks were placed on the otherwise legitimate functions of political parties. Some of the parties were even banned. Article 173 of the said Constitution stated that no candidate at an election could hold himself, inter alia, that he was a member of a particular party. This was tantamount to denying to the political parties a place in the political process in the country. In order to free the political parties from the strangle-hold of the Executive and permit the citizens freedom of thought and action in political matters it was decided by the Constitution Committee to make a separate and independent provision so far as the political parties were concerned.
16. In the same case, Saeeduzzaman Siddiqui, J held that a political party is a voluntary association of persons, formed with the object of propagating a definite political opinion/view on a matter of public importance having an ultimate aim to get into power seat of government through the process of election, in order to give effect to its programme.
Muhammed Haleem, C.J. in Benazir Bhutto case expressed: A political party has its significance in the context of the political system provided by the Constitution. Our Constitution is of the pattern of parliamentary democracy with a cabinet system based on party system as essentially it is composed of the representatives of a party which is in majority. Bagehot called it 'a hyphen that joins, a buckle that fastens, the executive and legislature together'. It formulates the general policy of the Government and is collectively responsible to the Parliament for that. Apart from this general function of coordination and leadership it exercises actual executive and legislative functions.
Our constitution envisages democracy as ethos and a way of life in which equality of status, of opportunity, equality before law and equal protection of law obtains. It has its foundation in representation; it is not a system of self-government, but a system of control and limitation of government. A democratic party is usually identified by the manner of selection of its leaders and by the fact' that the power of the government functionaries is checked and restrained. In a democracy the role of the people is to produce a government and, therefore, the democratic method is an institutional arrangement for arriving at political decisions in which individuals acquire the power to decide by means of a competitive struggle for the people's vote.
Fundamentally democracy rests upon the idea of freedom.
Parliamentary Government is a government of the party and a party government is a vital principle of a representative government. The political party is a connecting link between the Executive and the Legislature, between the Cabinet and the Parliament. It is also a connecting link between the Cabinet and the people and between the Parliament and the people.. For this reason the political parties are necessary and important features in a parliamentary democracy. They are important because the group victorious at a general election becomes the government. In a nutshall a parliamentary democracy depends for its success on the organization of political parties and its disciplined support of parliamentary majority is sine qua non of Cabinet Government composed of the Prime Minister and the Ministers from the majority party. They thus provide leadership to public offices through the elections. They are- now necessary part of a democratic government. Rival parties make elections meaningful by giving voters a choice, among candidates who represent different interests and points of view. The party or parties that are out of power serve as a "loyal opposition" as understood in parliamentary democracy. That is, they criticize policies and actions of the party in power. In this way the party in power is called on to justify its actions and is made responsible to the people.
In American system, 'a political party is a voluntary association, formed of the three will and15 unrestrained choice of those who compose it. No man is compelled by law to become a member of a political party, or after having become such, to remain a member. He may join such a party for whatever reason seems good to him, and may quit the party for any cause, or without cause. It has been said that political parties originated in the United States with the adoption of the Federal Constitution.'
Political parties are institutions of very great importance under our form of government. They are, in fact, the effective instrumentalities by which the will of the people may be made vocal, and the enactment of laws in accordance therewith made possible. So potent have they become in determining the measures and in administering the affairs of government that they are now regarded as inseparable from, if not essential to, a republican form of government.
The people have an inherent right to form, organize and operate political parties and to reorganize an old political party. This is included in the right of suffrage. It has been characterized as an inalienable right guaranteed by the Constitution.
17. Other supporting references are: Muhammad Nasir Mahmood and another v. Federation of Pakistan through Secretary Ministry of Law, Justice and Human Rights Division, Islamabad (PLD 2009 SC 107), Jammu and Kashmir Tehrik Ammal Party, and 11 others v. The Azad State of Jammu and Kashmir and another- (PLD 1985 Azad J&K 95) and "All Pakistan Muslim League through Chief Organizer Sindh v. Government of Sindh through Home Secretary and 3 others- (2012 CLC 714).
18. According to Social Development Papers: Even in political systems that explicitly prohibit parties from contesting seats in local elections, national and regional parties often unofficially back candidates in local elections, even if this support is not denoted on the actual ballot. This is certainly the case in India, where party officials at the state level proffer statistics about the number of local governments controlled by the party and village political leaders will admit to being aligned with a certain party, even though local elections operate on a non-partisan basis by law (Packel 2007). Ghana also witnesses this practice, where parties unofficially sponsor individual candidates (Ayee 2004). <u>Thus, permitting parties to compete in local elections allows the inescapable link between local government and higher levels of government to exist openly, allowing for greater transparency. Where a strong national party system exists, parties have significant incentives to mobilize at the local level in order to improve their electoral chances at higher</u> levels (Blair 2000).
Thus preventing parties from participating in local elections permits decentralized governance to retain the negative qualities of partisan politics, without gaining the benefits. These benefits include the scrutiny and public accountability that comes from an officially acknowledged party opposition on local councils, an opposition that has clear incentives to be vigilant and uncover instances of wrongdoing (Crook 1999; Blair 2000). Additionally, non-partisan candidates are often elected based on their individual popularity, rather than the strength of their ideas (Ayee 2004).
Recognizing the presence of parties at the village or municipality level thus may allow more transparent representation of interest. Furthermore, political competition built around personalism may be just as likely, if not more likely to lead to relationships of clientelism and patronage than political competition built around partisanship (Garcia-Guadilla 2002).
These observations, collected from a variety of national contexts, suggest that permitting partisanship in local elections may ultimately be conducive to promoting accountability. The empirical evidence shows that non-partisanship is either unenforceable or used as a mechanism to promote the hegemony of a specific party. Indeed, the opening of local politics to real competition among parties in a number of Latin American countries is a key component of the shift away from single-party rule at the national level Thus, the proposed advantages of openly partisan elections appear to be linked to substantive political competition at the local and national level."
19. Local government politics through political parties provide nurseries for the national politics. It16 17 educates the common people, reallze and fortify the sense of participation and social cohesion.
The elected representatives are accountable and answerable to their electorates at the local level. It enhances healthy competition between political; parties and align their national, regional and local policies, hence federation is strengthened. The performance of a party at local government level also enhances its national stature.
20. The importance of the Local Government and a political party has been discussed in detail in "Raja Rab Nawaz v. Federation of Pakistan through Secretary, Defence and others- (2013 SCMR 1629 at page 1640) in the following manner:---
15. In general, this tier of government is responsible for decision-making in those policy areas which have a direct impact on the lives of local citizens, e.g. urban regeneration, housing, schools, employment and social security, health, arts, culture and sport, local public transport, water and energy, and regional planning. These are the areas where the local citizens must have the opportunity to exert <u>direct influence on policy-makers and thus participate in the decision- making process. Thus, local self-government not only has a legal and political dimension, but it also has sociological connotations,</u> namely, it directly affects community life within a demarcated locality. It is pertinent to mention here that in the developed democracies, local self- government has contributed substantially to social and economic development and the emergence of a civil society and its importance for democratic development has been recognized consistently all over the world.
16. It is important to bear in mind that local government is the most vital element in a democracy, though not generally recognized as such. Existence of local bodies is important for strengthening the process of democracy. In the recent years, local self-government has been playing a vital role in the establishment of good governance and community development. The local bodies, at one end, provide services to the local community and, on the other, act as an instrument of democratic self-government. The <u>existence of local self-government provides mechanism for the enforcement of Fundamental Rights of the people.</u> Such government bodies are helpful for development including education, health, social services as well as in improving law and order situation. In short, the <u>local self-government is necessary not only for strengthening democracy in country but also for securing good governance,</u> which is essential to ensure that welfare of the citizens. This tier of government is always appreciated by the general public because it remains within their approach, as such they get involved in the decision making process. (emphasis supplied)
21. This has also been relied upon by the Division Bench of this Court in "Pakistan Peoples Party v.
Government of Punjab and others.' (PLD 2014 Lahore 330).
22. On a constitutional and a legal plane, Objectives Resolution and the Preamble to our Constitution underscore that Pakistan is a representative democracy, wherein political justice is guaranteed. "Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny" resonates loudly in our Constitution to remind us of this constitutional promise. Parliamentary democracy is actualized through participatory and representative political process of elections. Political parties in a country are, therefore, colours and expressions of democracy. Cluster of freedoms (fundamental rights) under the Constitution embolden political culture, leading to a healthy and a strong democracy. Freedoms of movement, speech, assembly, association and information nurture tolerance, dialogue, openness, debate, inclusiveness, pluralism, transparency and accountability---all these are essential pillars on which rests the construct of democracy.
23. These constitutional freedoms enjoy a unique symbiotic relationship with democracy. Articles 15, 16 19 and 19A bolster political associations by allowing its members the right of free movement across the country, the freedom of speech to express and disseminate their political views, the18 19 20 21 right to hold lawful assemblies to meet, debate and share their political ideas and by giving them access to information.
Under Article 17(2) every citizen, not being in the service of Pakistan, has the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan. While, Article 17(2) literally provides for the right to formation and membership of a political party, it has deeper political and democratic undertones, which though unwritten, begin to surface when contextualized in the background of our constitutional ethos of political justice and representative democracy.
24. Fundamental rights are not static but are pregnant with immense energy to address the every growing complexities of modern democracy. The unwritten constitutional nuances, the invisible meanings lurking behind the visible constitutional text, waiting to be discovered, make our Constitution evergreen and a living constitution. Right to form or be a member of a political party is not limited to clerical formation of a political party or restricted to the secretarial act of membership of a political party but instead carries within it the right of the political party to be able to actively participate in the political life of the country, to be able to freely profess and propagate its political ideology, to be able to mobilize its electoral campaign, to be able to reach out to the people, to be able to participate in the elections and to be able to form government.
25. Our jurisprudence has recognized these penumbras atound the fundamental rights. "Article 17(2) has been held to guarantee not only the right to form or be a member of a political party but also to operate as a political party. The forming of a political party, it has been held, necessarily implies that right of carrying on of all its activities as otherwise the formation itself would be of no consequence. In other words, functioning is implicit in the formation of a political party. Article 17(2), it has been held further, provides a basic guarantee to the citizen against usurpation of his will to freely participate in the affairs and governance of Pakistan through political activity relating thereto. Right to form or to b. member of a political party, it has been held to comprise the right to participate in and contest an election". In Muhammad Nawaz Sharif case the august Supreme Court held that "the basic right to form or be a member of a political party conferred by Article 17(2) "comprises the right of that political party not only to form the political party, contest elections under its banner but also, after successfully contesting the elections, the right to form the government if its members, elected to that body, are in possession of the requisite majority. The Government of the political party so formed must implement the programme of the political party which the electorate has mandated it to carry into effect. Any unlawful order which results in frustrating this activity, by removing it from office before the completion of its normal tenure would, therefore, constitute an infringement of this fundamental right. " In Workers Party Pakistan case.. the august Supreme Court has held that "the freedom of association, as enunciated by Article 17 of the Constitution, confers a fundamental right on every individual to partake in the political governance of the State, whilst concurrently reinforcing the constitutional mandate to protect and advance this right through a democratic system. The "freedom of assembly" (Article 16) and freedom of speech (Article 19) also serve to realize this constitutional imperative." Article 17(2) underscores the integrality and importance of a functional political party to democracy.
26. Article 17(2), cluster of freedoms discussed above and the evolution of our jurisprudence provides a constitutional springboard for a robust and dynamic political environment, where citizens can profess their political choices, participate in political activity, have access to information so as to meaningfully oppose irrational and bad policies of the government and on the whole be active members of the political governance of the nation. " The entire political architecture and the construct of constitutional freedoms rest on the existence of spirited and dynamic political parties. Political Parties are, therefore, the engines of democracy in any country.
Any political activity or political space leading to formation of government of the people and for22 23 24 25 the people would be grossly inadequate and incomplete, besides being unconstitutional, unless it allows full participation of the existing political parties in the country.
27. In view of the above, section 14 of the Cantonment Local Government (Elections) Ordinance, 2002 offends Article 17(2) and the concomitant fundamental rights under Articles 15, 16, 19 and 19A of the Constitution and is, therefore, struck down, with the direction to the respondents to hold Cantonment Local Government Elections on party basis. This is the reasoning behind my short order dated 30-3-2015, which is reproduced hereunder:--- SHORT ORDER For reasons to be recorded later, Section 61 of the Cantonment Ordinance, 2002 and section 14 of the Cantonment Local Government (Elections) Ordinance, 2002 are struck down as being ultra vires Article 17(2) of the Constitution of the Islamic Republic of Pakistan, 1973. Reliance is placed on Pakistan Peoples Party v. Government of Punjab and others (PLD 2014 Lahore 330), Mian Muhammad Nawaz Shari]' v. President of Pakistan and others (PLD 1993 Supreme Court 473), Muhammad Nasir Mahmood and another v. Federation of Pakistan through Secretary Ministry of Law, Justice and Human Rights Division, Islamabad (PLD 2009 Supreme Court 107), Mrs. Benazir Bhutto and another v. Federation of Pakistan and another (PLD 1989 Supreme Court 66), Miss Benazir Bhutto v. Federation of Pakistan and another (PLD 1988 Supreme Court 416) and Army Welfare Sugar Mills Workers' Union v. Army Welfare Sugar Mills (2009 SCMR 202).
2. The Federal Government, as well as Election Commission of Pakistan are directed to issue necessary directions to the Returning Officers to accept nomination papers on party basis latest by tomorrow i.e., 31-3-2015 as per the Election Schedule notified on 20-3-2015 by the Election Commission of Pakistan. The candidates, who have already filed their nomination papers, will have the facility to revise the same by indicating their Political Party, if any, latest by tomorrow. It is, however, clarified that the elections to the Cantonment Local Government shall be held as scheduled and the Election Schedule dated 20-3-2015 shall be implemented in letter and spirit.
28. This petition is allowed along with connected writ petitions bearing W.P. No.8499/2015, W.P.
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