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 Application No.5959/2013  
(For extension of time in holding elections in Cantonment) 
 
 
 
IN 
Constitution Petition No.65 of 2009 
Raja Rab Nawaz 
Vs.     Federation of Pakistan and others 
 
 
 
AND 
Civil Misc. Application No.5508/2013 in CRP-Nil/2013  
(For permission to file and argue the CRP) 
 
 
 
IN 
CMA-3258/2013 in Constitution Petition No.65 of 2009 
 
For the petitioner(s): 
Nemo. 
For the applicant: 
 
Mr. Muneer A. Malik,  
 
 
 
 
Attorney General for Pakistan with  
 
 
 
 
Mr. Asif Yaseen Malik, Secy. Defence  
 
 
 
 
(In CMA-5959/2013) 
 
 
 
 
 
Syed Zafar Abbas Naqvi, AOR 
 
 
 
 
(In CMA-5508/2013) 
 
For Respondent No.3: 
Nemo. 
 
For ECP: 
 
 
Mr. Abdul Rehman, Addl. D.G. (L) 
 
 
 
 
AND 
Constitution Petition No.77 of 2010 
 (Only to the extent of holding local government elections) 
President High Court Bar Association, etc. … 
Petitioner(s) 
 
 
 
 
Versus 
Federation of Pakistan and others  
… 
Respondent(s) 
 
For the Petitioner(s): 
Nemo. 
 
For the Applicant:  
Dr. M. Salah ud Din Mengal, ASC 
 
 
 
 
Raja Abdul Ghafoor, AOR (CMA-6723/13) 
On Court’s Notice:  
Mr. Muneer A. Malik, 
 
 
 
 
Attorney General for Pakistan 
 
For the Federation:  
Mr. Shah Khawar, Addl. AGP 
 
For Govt. of Balochistan: 
Mr. Nazim ud Din, AG 
 
 
 
 
Mr. Abdul Latif Kakar, AAG 
 
For Govt. of KPK: 
 
Mr. Abdul Latif Yousafzai, AG 
 
For Govt. of Punjab:  
Mr. Muhammad Hanif Khattana, Addl. A.G.  
 
For Govt. of Sindh:  
Mr. Qasim Mirjat, Addl. AG 
 
CMA 5959/2013 in  
Const. P.65/ 2009 etc. 
2
For ECP: 
 
 
Mr. Muhammad Akram Sheikh, Sr. ASC 
 
 
 
 
Mr. Mehmood A. Sheikh, AOR 
 
 
 
 
Mr. Sher Afghan, Addl. Secy (Elections) 
Date of hearing: 
 
05.11.2013 
 
 
 
 
 
ORDER 
 
Iftikhar Muhammad Chaudhry, CJ. By means of instant order, 
we have to dispose of matters pertaining to the Local Bodies Elections 
which are required to be held under the command of Article 140(A) of 
the Constitution relating to:- 
a) Elections of the Cantonment Boards; 
b) Islamabad Capital Territory; and 
c) Khyber Pakhtunkhwa.  
2. 
As far as elections of Cantonment Boards are concerned, a 
Constitution has been filed under Article 184(3) of the Constitution by 
Raja Rab Nawaz who is an Advocate of Supreme Court as well as 
former Member – Vice Chairman of Quetta Cantonment Board. This 
petition came up for hearing on 3.1.2013 and was disposed of with 
directions to the Federal Government “not allow further extension in the 
variation of composition of the Cantonment Boards in terms of Section 
14(1)(b) of the Act, after 5th May, 2013 unless conditions noted in these 
provisions are required to be in service compulsorily and in the meanwhile, 
steps shall be taken to ensure that the elections of the Cantonment Boards are 
held after completing the process of delimitations of the wards, etc., as per the 
Cantonment Ordinance, 2002 read with the Cantonments Local Government 
(Elections) Rules, 2012, as the Election Commission is also willing and ready 
to undertake the process of the election”. Unfortunately, despite of passing 
of above order, elections were not held and in the meanwhile, on 7th 
May, 2013, CMA No. 3258/13 was filed for the extension of time. This 
CMA 5959/2013 in  
Const. P.65/ 2009 etc. 
3
application came up for hearing on 2.7.2013 when following order was 
passed:- 
“19. Hereinabove are the detailed reasons of our order of even 
date, relevant paras there from are reproduced hereinbelow:- 
‘(2) After discussing the issue at length in presence of Secretary 
Defence and also seeking instructions from the Election 
Commission, who is responsible to holds elections, following 
statement his has been placed on record:- 
STATEMENT OF SECRETARY DEFENCE/RESPONDENT NO.1 
 
I, the Secretary Defence, respectfully request for extension in time 
during which elections are to be completed in the Cantonments 
Boards and undertake that the entire process of the elections in all 
the Cantonment Boards shall be completed on or before the 15th 
September, 2013.  
 
 
 
 
 
 
Sd/- 
 
 
 
 
 
       Lt. Gen (Retd) 
 
 
 
 
 
   Asif Yasin Malik 
 
 
                  Secretary Defence/Respondent No.1’ 
The petitioner also expresses his satisfaction on the above statement. 
(3) 
Thus, in view of commitment made on behalf of the 
Executive, we allow this application and extend the period of 
holding the elections in the Cantonment Boards up to 15th 
September, 2013. Copy of this order be also sent to the Election 
Commission of Pakistan to ensure holding of the elections in terms 
of Constitutional provisions (Article 32 read with Article 140A) on 
or before the 15th September, 2013. 
(4) 
We extend our gratitude and place on record our thanks to 
learned Attorney General for Pakistan as on account of his 
intervention the Executive has agreed to hold the elections of 
Cantonment Boards, after a period of about 14 years.  
(5) 
We may point out that in view of the constitutional 
provisions and the principles of good governance, local bodies have 
to play an important role to achieve the welfare and good 
governance for the citizens of the country. At the same time we are 
also hopeful that the provincial governments as well as the 
administration of Islamabad shall also make arrangements as early 
CMA 5959/2013 in  
Const. P.65/ 2009 etc. 
4
as could be possible to hold local bodies elections in accordance with 
law.” 
 
3. 
Detailed reasons of the above order were dictated which now 
have been published in the case titled Raja Rab Nawaz vs. Federation of 
Pakistan (2013 SCMR 1629). We have painfully noted that despite of 
above statement of the Secretary Defence, noted hereinabove, the 
elections were not conducted. However, CMA No.5959/13 was filed 
wherein request was made for further extension of time. It may be 
noted that in this application, plea has been taken that Federal 
Government contemplates to bring some amendments in the 
Cantonments Local Government (Elections) Ordinance, 2002, therefore, 
time may be extended for holding of Local Bodies Elections in the 
Cantonment Boards. In the meanwhile, Provincial Government of 
Balochistan, Punjab and Sindh have already made request to the ECP 
for holding of the Local Bodies Elections in their provinces and they 
have made respective requests in writing. As far as the Province of 
Sindh is concerned, on its behalf, it has been desired the elections shall 
be held on 27th November, 2013 whereas the Provinces of Balochistan 
and Punjab are ready to conduct elections on 7th of December, 2013.  
4. 
We have asked the learned Attorney General of Pakistan that in 
such like situation when constitutional provisions have to be followed 
what would be the effect if the elections in the Cantonment Boards are 
not held or organized particularly in view of the statement of the 
Election Commission which has been referred to hereinable from the 
order dated 2.7.2013 showing its readiness to hold the elections. The 
learned Attorney General appeared and stated that a Committee has 
been constituted vide letter No. 2635-SPM/13, dated 10th September, 
2013 to examine the proposed amendments in the Cantonments Local 
CMA 5959/2013 in  
Const. P.65/ 2009 etc. 
5
Government (Elections) Ordinance, 2002 by the Ministry of Defence 
with a view that public representation in the Local Government is both 
inclusive and meaningful and has placed on record a draft Bill. 
However, we have pointed out to him that the contents of the Bill 
depicts democratic vision of the Government headed by a political 
party but as far as existing laws are concerned unless the same are in 
field, it is not possible to cause delay in the enforcement of 
constitutional provisions (Article 32 read with Articles 17 and 140A of 
the Constitution). However, the government is always free to make 
amendments in the laws and can change the composition or 
constitutionality of the elected bodies, if need be with retrospective 
effect as well. He himself is of the opinion that this Court had not 
shown haste in passing any directions as it is evident from the 
proceedings because petitioner Raja Rab Nawaz has filed Constitution 
petition No. 65 as far back as in the year 2009 and it came up for 
hearing in presence of the representatives of the respondents 
Federation of Pakistan, Director General Military Lands, Cantonment 
Board on 29.5.2012, 1.6.2012, 7.11.2012, 3.12.2012, 10.12.2012, 17.12.2012 
and 18.12.2012. As far as last mentioned date i.e. 18.12.2012 is 
concerned, on behalf of Ministry of Defence, Commander Hussain 
Shahbaz appeared and filed CMA 5232/12 wherein it has been stated 
that “in compliance of the Hon’ble Supreme Court order passed on 7 
December, 2012, in the subject petition, it is submitted that Ministry of 
Defence has submitted a summary to get approval of Prime Minister to request 
Election Commission of Pakistan to hold election of local bodies in the 
Cantonment Board all over the country. The approval is awaited. On receipt of 
the same, the Election Commission of Pakistan will be requested to hold 
election in accordance with the provision of Rule 8 of Cantonment Local 
CMA 5959/2013 in  
Const. P.65/ 2009 etc. 
6
Government Election Rules, 2012”. It was further stated “this Ministry has 
no intention to seek further extension (which is till 04 May, 2013) in the 
existing Boards sought earlier vide Section 14(1) of Cantonment Act, 1924”. 
5. 
However, subsequently a statement in writing has also been 
made by the Secretary Defence representing the Federation, for holding 
the elections on or before upto 15 September, 2013 but despite of it the 
commitment has not been fulfilled.  
6. 
Reluctance to enforce the constitutional provisions for one or the 
other reason is not understandable to us. Therefore, having left with no 
option, we have to issue notice of the Contempt of Court to the 
Secretary Defence. Such notice shall be dealt with separately.  
7. 
Again it is a matter of surprise for us that the Federation who is 
responsible to ensure the elections in the Cantonment Boards has raised 
another issue for the postponement of the elections in the name of 
amendments in the  Cantonments Local Government (Elections) 
Ordinance, 2002, reference of which has already been made 
hereinabove. 
8. 
We are of the considered opinion that in the name f the 
amendment of the laws, constitutional provisions cannot be allowed to 
be not adhered to. Two or three options are available to the Federation 
as we have studied the relevant provisions of the law with the 
assistance of the learned Attorney General namely:- 
(i) 
Without any further delay, under the existing laws on the 
subject, command of the Constitution under Articles 17, 
32 and 140A to be fulfilled immediately and as the other 
Provinces have already expressed their readiness to hold 
the elections, therefore, the polls must be held either on 
27th November, 2013 or on 7th December, 2013 as these 
two dates have been agreed by the Provinces of Sindh, 
CMA 5959/2013 in  
Const. P.65/ 2009 etc. 
7
Balochistan and Punjab respectively. It would be an ideal 
situation and will earn an appreciation for the general 
masses as they have to be empowered under Article 140A 
as per its command establishing a Local Government 
system would devolve political, administrative and 
financial responsibility and authority to the elected 
representatives of the local governments and no 
discrimination to the electors who are residing in the 
Cantonment Boards shall be permissible qua the electors 
who are residing in the non-Cantonment Boards where 
local bodies elections are likely to be held. This decision 
has to take by the Federal Government as early as could 
be possible but not later than 7 days. 
(ii) 
Otherwise the Court would enforce the provisions of 
Section 15E of the Cantonments Act, 1924 which reads as 
under:- 
“15E. Term of office of members.-(1) Subject to 
the provisions of this Act, a member of a Board 
shall hold office for a period of four years from the 
date of the notification of his election or 
nomination or from the date on which the vacancy 
has occurred in which he is elected or nominated, 
whichever be later: 
Provided that, notwithstanding the expiry of his 
term, such member shall continue to function as a 
member until the election or, as the case may be, 
nomination of his successor is notified under sub-
section (5) of section 13A. 
(2) The term of office of an ex-officio member of a 
Board shall continue so long as he holds the office 
by virtue of which he is such member. 
(3) The term of office of an elected member who 
fills a causal vacancy shall commence from the 
date of his election and shall continue so long only 
as the member in whose place he is elected would 
have been entitled to hold office if the vacancy had 
not occurred”. 
And despite of reluctance of Federal Government of 
Pakistan to hold election of Local Bodies, we are of the 
considered 
opinion 
that 
elected 
parliamentary 
government would prefer to devolve the rights upon the 
electors as it has been noted under the constitutional 
command so the fresh representation of the local 
CMA 5959/2013 in  
Const. P.65/ 2009 etc. 
8
government may deal with their affairs instead of 
following the compelling procedure.  
(iii) 
As after 5th of May, 2013, no permission has been obtained 
to vary constitution of Boards in terms of Section 14(1)(b) 
of the Act, 1924, therefore, the Court shall examine that 
under which authority of the law and how the 
expenditure etc. are being made from the funds of the 
Cantonment Boards and if satisfactory explanation is not 
offered, the Court would be free to protect the rights of 
the general public living in the Cantonment Boards by 
pronouncing appropriate orders. 
9. 
  
The Secretary Defence, Government of Pakistan shall 
submit report on or before 11th November, 2013 about the compliance 
or otherwise of this Court’s order to the Registrar for our perusal in 
Chambers and passing appropriate orders, if need be.  
10. 
Turning towards the case of ICT, unfortunately despite of 
issuing directions to the Federal Government from time to time make 
arrangements for holding elections in the ICT as it is the requirement of 
the Constitution, but so far no progress has been made except that a Bill 
has been prepared which is likely to be tabled before the Assembly or 
an Ordinance on the subject has to be issued. Suffice it to observe that it 
is the duty of the State to enforce the Constitution in its letter and spirit 
and there should not be any discrimination in terms of Article 25 of the 
Constitution but discrimination amongst the citizen living in different 
Federating Units is not permissible as if in the Province of Punjab 
elections are being held but residents of ICT are being deprived from 
participating in governance at gross roots level.  Therefore, we hope 
that no further delay shall be caused in this behalf and within 7 days as 
it has been directed in the case of Cantonment Boards, progress report 
CMA 5959/2013 in  
Const. P.65/ 2009 etc. 
9
shall be sent to the Registrar of this Court for our perusal in Chambers 
and passing appropriate orders. 
11. 
Now as far as the case of Khyber Pakhtunkhwa is concerned, the 
learned Advocate General stated that Assembly has already passed the 
Act. Draft rules of delimitation have been prepared and after getting 
the assent of the Governor, the Local Government Act shall be 
enforced. It has been pointed out to him that as it is the duty of the 
Provincial and Federal Governments to ensure holding of Local Bodies 
system 
and 
devolve 
political, 
administrative 
and 
financial 
responsibility and the authority to the elected representatives of the 
local bodies, thus no departure is possible from constitutional 
provisions nor any concession can be extended for its enforcement. 
Therefore, adherence of constitutional provisions has to be made as 
early as could be possible. The Advocate General shall also submit 
report in this behalf within 7 days to the Registrar of this Court for our 
perusal in Chambers and for passing appropriate orders.  
12. 
CMA No.6723/2013. This application has been filed on behalf of 
applicants by Mr. Salahuddin Mengal, learned counsel. He has stated 
that the elections of the local bodies should be held throughout the 
country on the same day and his second grievance is that delimitation 
has not taken place and further the Election Commission is not being 
provided stationery etc. by the government. 
13. 
We are not inclined to agree with the contentions of learned 
counsel because the Provincial Government has already given date for 
polls keeping in view its convenience to hold elections. As far as 
delimitation is concerned, as per stand of learned Assistant Advocate 
General, Balochistan, the Provincial Government is fully geared up  to 
hold elections meaning thereby the process of de-limitation has been 
CMA 5959/2013 in  
Const. P.65/ 2009 etc. 
10
completed. So far as non providing of stationery etc. is concerned, it is 
not the job of this Court to give directions to the government in this 
regard. But, if the applicants have any grievance, they should approach 
to the Federal Government or the Election Commission of Pakistan for 
the redressal of such grievance. Instant application is dismissed 
accordingly.                                       
 
Case stands disposed of.  
 
 
 
   
 
 
 
 
 
 
   Chief Justice  
 
 
 
       Judge 
 
 
 
       Judge 
Islamabad, 
5th November, 2013 
A. Rehman 
 
APPROVED FOR REPORTING.  
