WIQAR AHMAD, J.- The petitioner is a Member of Provincial Assembly of Khyber Pakhtunkhwa representing PK- 94 Tank. He has tried to agitate the following grievances through the instant constitutional petition: - a. That the areas falling in erstwhile FATA now called merged districts have recently been merged, where there was no local government setup and hence everything has to be started from scage. Elections would, therefore, be very difficult to be held according to the timelines given in the Khyber Pakhtunkhwa Local Government Act, 2013 (hereinafter referred to as 'Local Government Act') and Election Act, 2017 (hereinafter referred to as 'Election Act'). b. That large scale amendments have been effected to the Local Government Act vide Khyber Pakhtunkhwa Local Government (Amendment) Act, 2019 (hereinafter referred to as 'Amending Act') and that almost the whole setup of the local government have been changed , thus it requires fresh delimitation and other arrangements which would take substantial time, therefore, forthcoming Local Bodies Election 2019 cannot be held within time.
C. That there is a situation of express conflict between Section 120 (a) of the Local Government Act and section 219 (4) of the Election Act, regarding the timelines for the next local government elections; which is a ground for delaying the local government elections.
After agitating aforementioned grievances, the petitioner has prayed for the following reliefs: - "In view of the above, it is humbly prayed that this honorable Court may graciously be pleased to:
1. Declare that in the absence of the requirements of the Local Governments Amendment Act 2019 no electoral process can be initiated under the Election Act 2017.
2. Declare that in the absence of pre-delimitation of constituencies justly and in accordance with section 19 of Election Act in the entirety of Khyber Pakhtunkhwa, the initiation of electoral process under the Election Act 2017 is illegal, unlawful and without any basis in law .
3. Declare that the initiation of the electoral process for Local Governments before the expiry of mandatory six months time period as envisaged by the Khyber Pakhtunkhwa Local Government Amendment Act 2019 as an act which is inherently based on malafide, is illegal, unlawful and is in essence pre-poll rigging.
4. Declare that the Election Commis sion of Pakistan is bound to conduct elections under the Local Government Act 2013 read with all the amendments, and as such the provision of Section 219 (4) in respect of 120 days are not applicable on the present elections, for the reasons of implementation of a new system overall in the Province of Khyber Pakhtunkhwa and specifically in the newly merged tribal districts.
5. Direct the Respondents to hold elections in accordance with the Khyber Pakhtunkhwa Local Government Amendment Act 2019, only after completion of requirement of Local Government Act, 2013 read with all the amendments made thereto and any deviation thereof be declare to be ultra vires the ibid Act.
6. Any other relief deemed appropriate in the circumstance of the case may also be granted."
2. The case was heard in motion on 04.092019, since the learned counsel for the petitioner was pressing hard for issuance of restraining order against the forthcoming Local Bodies Elections, therefore, notice was issued to the learned Advocate General of Khyber Pakhtunkhwa for today . The worthy Advocate General, Khyber Pakhtunkhwa appeared before the Court and extended his assistance to this Court.
3. Learned counsel for the petitioner argued that Section 120 (A) of the Local Government Act provides a period of six months for putting in place new setup and transition to the Local Government system, while Section 219 of the Election Act provides a maximum period of four months in its sub-section 4 and thus there is anomalous situation which has to be rectified before initiation of the process of the elections. Learned counsel for the petitioner further added that the petitioner is apprehending that schedule for elections of local bodies may be announced within a week while the fact remained that no delim itation had been made or started till then, thus holding of elections within the given 120 days is not a feasible project.
4. Learned Advocate General did not choose to oppose the petitioner and added that so far as the conflict in the two laws is concerned, his assertion is that the Local Government Act shall prevail in the matter . He further added that 10 to 20 percent areas of the Province of Khyber Pakhtunkhwa are not yet ready for local government elections.
5. We have heard arguments of the learned counsel for the petitioner , learned Advocate General, Khyber Pakhtunkhwa and perused the record.
6. We do not see conflict between Section 120 (A) of the Local Government Act and section 219
(4) of the Election Act. Sub-section 3 of Section 120 (A) of the Local Govern ment Act, 2013 is reproduced hereunder for ready reference: - "120 (A). Dissolution of Local Governments. --- (1)-- (2)--
(3) All administrative actions required for giving effect to the provisions of this Act and transition to the local government system set up thereunder shall be completed within six months of the commencement of the Khyber Pakhtunkhwa Local Government (Amendment) Act, 2019".
Similarly , sub section 4 of Section 219 of the Election Act is also reproduced for ready reference: "219. Commission to conduct elections . - (1)-- (2)-- (4)The Commission shall hold elections to the local governments within one hundred and twenty days of the expiry of the term of the local governments of a Province, cantonment, Islamabad Capital Territory or Federally Administered T ribal Areas".
Sub Section 3 of Section 120 (A) of the Local Government Act, 2013 prescribes a maximum period of six months for completion of all Administrative actions required for giving effect to the provisions of Local Government Act and transition to the Local Government system. The said period of six months was provided to start from the commencement of the Amending Act. The Local Government (Amendment) Act, 2019 has been enacted and assented by the Governor of Khyber Pakhtunkhwa on 29.04.2019. The Learned Advocate General also stated in his arguments that the Amending Act commenced w.e.f 29.04.2019 The term of office of the existing local government expired on 28.08.2019. The six months period given in the Local Government Act if counted from 29.04.2019 expires on 29.11.2019. The 120 days time given in the Election Act shall expire on 28.12.2019. It is interesting to note that four months time given in the Election Act shall expire one month after the expiry of the maximum time provided in the Local 'Government Act. Even if we go by the arguments of the learned Advocate General that the Local Government Act shall prevail then the mandate of Local Government Act is putting more urgency in holding of Elections than the timeline given in the Election Act. The arguments regarding conflict between the two laws is therefore having no force as both the Acts goes in synergy and with one spirit i.e. ensuring that there is no extraordinary delay in holding of local bodies elections after expiry of the term of office of the local government. Both the provisions have been put in place by the respective legislatures cautiously and for suppressing a particular mischief. This is no more a hidden fact that whenever the term of office of elected local bodies comes to an end, efforts are made to prolong the interregnum and to draw the period between the outgoing and incoming local bodies to the maximum possible length. We have already gone through such experience again and again but last time it required great time and efforts of the Hon'ble Supreme Court of Pakistan for ensuring that the mandate of Article 140 (A) is complied and the requisite local governments are installed across the length and breadth of Pakistan.
The Judgment in the case of "Raja Rab Nawaz v/s Federation of Pakistan through Secretary Defence and others" reported as 2013 SCMR 1629 ' tell us the story in the above stated context. It was for addressing this particular mischief that the legislatures Provincial as well as Federal put in place specific timelines for transition from one elected local government to another elected government. It is also important to be noted that the timelines provided in .the two Acts are the maximum and not minimum time, before expiry of which an election activity may not be started.
7. Petitioner has invoked the constitutional jurisdiction of this Court. A constitutional petition may be brought by an aggrieved person seeking issuance of a direction from this Court towards an authority of the central government, provincial government or local authority for doing what they are required by law to do or to abstain from doing what they are not permitted by law to do. In the instant case not only the petitioner is not an aggrieved person but he is requesting this Court to issue directions to the Election Commission of Pakistan to abstain from doing something which they are required by law to do. In other words, a writ can be issued by the Court in aid of the law but it cannot be issued by a Court for preventing or retarding the process of law unless some malafide or violation of law and constitutional provisions or encroachment of fundamental rights is found.
8. In the case of "Brig Muhammad Bashir v/s Abdul Karim and others" reported as "PLD 2004 Supreme Court 271" the Hon'ble Supreme Court at page 283 held that; There is no cavil with the proposition that "so long as statutory bodies and executive authorities act without fraud and bona fide within the powers conferred on them by the Statute, the judiciary cannot interfere with them. There is ample power vested in the High Court to issue directions to an executive authority when such an authority is not exercising its power bona fide for the purpose contemplated by the law or is influenced by extraneous and irrelevant considerations. Where a statutory functionary acts mala fide or in a partial, unjust and oppressive manner , the High Court in the exercise of its writ jurisdiction has ample power to grant relief to the aggrieved party".
Similarly , in the case of "Government of Pakistan through Secretary Ministry of Interior and Narcotics Control (Interior Division) Board, Islamabad v/s Muhammad Yasin, Sub Inspector No. 525-L and other" reported as " 1997 PLC (C.S.) 606 " the august Court observed as follows; "It is settled principle of the Constitutional Jurisdiction that it shall be made available in aid of law to issue writ. The High Court acts in aid of law and not to hamper the working of the agencies established by law ."
9. The petitioner as stated earlier is aiming at thwarting or delaying a legal process of holding local bodies election by seeking to invoke the constitutional jurisdiction of this Court. Holding of local bodies elections is not only a legal process but essential for carrying forward the mandate of Article 140-A of the Constitution. The writ petition of the petitioner is therefore not maintainable.
10. The petitioner could not satisfy this Court as to what is his problem in holding of local bodies elections in time. If an extra effort is required that would either be required from the officers of the Election Commission or those of the provincial government, which is none of the business of the petitioner . We could not understand the concern of the petitioner and his worries about the extra efforts that is likely to be made by the officers of the Election Commission and the provincial government, in adher ing to the timelines provided in the two laws. The petitioner is thus not found to be aggrieved person and he has got no locus standi to bring the instant petition before this Court. Besides, the writ petition is also not maintainable, same is therefore dismissed.