The President of Jamaat-e-Islami's Islamabad chapter, Muhammad Nasrullah, has taken legal action against a recent ordinance that he claims is designed to postpone the capital's local government elections. He filed a constitutional petition in the Islamabad High Court on Wednesday, challenging the Islamabad Capital Territory Local Government (Amendment) Ordinance, 2026.
The Core Legal Challenge
In the petition, filed through his lawyers Shoaib Ahmad and Muhammad Bin Sajid, Nasrullah names the President of Pakistan, the Federation through the Law Secretary, and the Election Commission of Pakistan (ECP) as respondents. The crux of the petition is that the ordinance, promulgated by the President on January 10, 2026, illegally suspends elections that were officially scheduled for February 15, 2026.
The ECP had first issued the election schedule on December 9, 2025, and a revised version on December 26, 2025. Both notifications firmly set the election date for mid-February 2026. The petitioner argues that the timing of the ordinance's issuance reveals a mala fide intent, as it came just three days before the National Assembly's 23rd session began on January 12, 2026.
Allegations of Constitutional Violations
Nasrullah's legal team contends that the ordinance violates multiple articles of the Constitution. They specifically cite Article 17 (freedom of association), Article 32 (promotion of local government), Article 140-A (establishment of local government), and Article 89 (conditions for presidential ordinances).
"Under Article 89 of the Constitution, the President’s power to promulgate an ordinance is conditional upon the Senate and the National Assembly not being in session and the existence of circumstances necessitating immediate action," the petition states. It argues that no such extraordinary circumstances existed, making the ordinance an intentional overreach.
History of Postponed Elections and Demands
The petition highlights a troubling pattern of delays. It states that local government elections in Islamabad have been postponed at least three times in the past, even after candidates had paid their nomination fees. The new ordinance, by mandating the division of Islamabad into three Town Corporations, renders the existing election schedule impracticable and guarantees further delay.
Therefore, the petitioner has made several key requests to the court:
- Declare the Islamabad Capital Territory Local Government (Amendment) Ordinance, 2026 as null, void, and unconstitutional.
- Restrain the ECP from suspending or altering the notified election schedule for February 15, 2026.
- Direct the ECP to refund nomination fees collected from candidates in all previous instances where elections were not held.
The case puts the spotlight on the persistent hurdles in holding local government elections in the federal capital, raising serious questions about political rights and constitutional adherence.
