IHC suspends Islamabad local election schedule amid dispute over constituency boundaries
Court seeks replies from ECP and other respondents before November 26 hearing as petitioner challenges use of delimitations prepared under an expired ordinance.
ISLAMABAD: The Islamabad High Court has suspended the Election Commission of Pakistan’s October 21 order and the accompanying revised election schedule for local government elections in the federal capital until the next hearing on November 26.
The interim order, dated November 12, was issued in a petition filed by Chaudhry Amjad Ali challenging the legal basis of the electoral exercise following changes to Islamabad’s local government structure and the subsequent expiry of the ordinance introducing those changes.
The court issued notices to the respondents and directed them to submit reports and paragraph-wise comments before the next hearing.
“Points raised require consideration,” the court observed in its written order in Writ Petition No. 6136 of 2026.
The suspension is interim relief. The court has not finally declared the election schedule unlawful, set aside the disputed delimitations or ordered a fresh delimitation exercise.
December 20 Election Programme Affected
Polling had been scheduled for December 20. Under the ECP’s revised programme announced on November 6, nomination papers could be submitted until November 8, while scrutiny was scheduled for November 11 to 16. The court’s order suspends the operation of the challenged election programme, as revised, until the next hearing.
The petition was filed under Article 199 of the Constitution. Barrister Qazi Adil Aziz, Malik Talha and Muhammad Yaseen Iqbal appeared as counsel for the petitioner, according to the order sheet.
Dispute Over Union Councils and Wards
The central issue raised by the petitioner concerns whether constituency boundaries prepared under the 2026 local government ordinance can be used to conduct elections under the revived Islamabad Capital Territory Local Government Act, 2015.
As recorded in the order, counsel submitted that the earlier framework comprised one Metropolitan Corporation and 125 union councils, with each council divided into nine wards.
Counsel said the ECP issued a delimitation timetable on December 12, 2024, and subsequently announced an election programme on December 26, 2025, which was later withdrawn.
The petitioner argued that the Islamabad Capital Territory Local Government Ordinance, 2026, changed the institutional structure by introducing three town corporations. It also removed the nine-ward arrangement and provided for delimitation based on census blocks.
According to the submissions recorded by the court, the number of union councils consequently increased from 125 to 130.
Counsel said the ECP issued revised delimitation timelines on August 25, 2026, and published the final list of 130 union councils on October 14.
Effect of the Ordinance’s Expiry
The petitioner maintained that the ordinance ceased to have effect under Article 89 of the Constitution after one extension of 120 days, resulting in the revival of the earlier statutory framework.
Counsel challenged the ECP’s subsequent decision of October 21 to proceed with elections under the 2015 Act, arguing that the commission had not addressed the delimitation of the 125 union councils, their nine wards or the Metropolitan Corporation under that framework.
The petitioner’s position is that delimitations prepared under the changed system cannot automatically serve as the basis for elections under the revived law.
He therefore sought fresh delimitation and preparation of electoral rolls in accordance with the applicable local government law and the Elections Act, 2017, before polling could proceed.
Counsel further argued that holding elections without the required delimitation would breach Article 218(3) of the Constitution and the relevant electoral laws, besides causing unnecessary expenditure of public funds.
These arguments are the petitioner’s submissions reproduced in the order, rather than final judicial findings.
Respondents Asked to Explain Their Position
Earlier reporting on the petition identified the ECP, the ministries of interior and law, the Capital Development Authority and other relevant authorities as respondents. The challenge sought to have the October 21 order and election schedule set aside and the legal framework governing the constituencies settled before elections.
For now, the court has directed the respondents to file their replies and suspended the challenged order and schedule until November 26, when the petition is to be taken up again.
