ISLAMABAD: In an anticipated move, the Election Commission of Pakistan (ECP) has sought amendment in the law to ensure timely conduct of the local government elections across the country, putting an end to the possibility of delays.
In a letter sent to the Secretary Parliamentary Affairs Division, the electoral body has proposed amendment in Section 219(1) of the Elections Act. The proposed version of the section reads, “the Commission shall conduct elections to the local governments under the applicable local government law at the time of the expiry of term or dissolution of the local governments, and the Rules framed thereunder, as may be applicable to a Province, cantonments or Islamabad Capital Territory”.
Side by side with the amendment, the commission has also explained the rationale behind this move. The letter sent on the Commission’s direction refers to Article 140-A of the Constitution, which mandates that each province shall establish a local government system by law, devolving political, administrative, and financial authority to elected representatives.
The Elections Act, 2017 (Chapter XIII) deals with conduct of local government elections and it says the Election Commission under Article 140-A (2), read with Article 219(d) of the Constitution is under obligation to conduct local government polls.
According to the letter, “local government is an important tier and bedrock of democracy, which provides basic facilities to the public at grass root level. It is observed that no government has generally shown readiness to conduct local government elections and Election Commission faces difficulties in timely holding of Local Government Elections as mandated under the constitution and law”.
The letter says, “in order to fulfill its constitutional obligation, the Commission has always strived to hold timely Local Government Elections but the Federal and Provincial Governments repeal or amend the Local Government
laws even after the expiry of the term of the Local Government which causes inordinate delay in the conduct of election and the Commission faces difficulty in fulfillment of its Constitutional duty”.
Section 219 (1) of the act in its original form reads, “the Commission shall conduct elections to the local governments under the applicable local government law, and the rules framed thereunder, as may be applicable to a province, cantonments or Islamabad Capital Territory.
Likewise, Section 219 (4) reads, “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 or Islamabad Capital Territory”.
The Election Commission had explained its failure to meet its constitutional responsibility of conducting long overdue local government elections in Punjab and the Federal Capital, with Secretary Election Commission Omar Hamid Khan blaming Article 140-A of the Constitution for the inordinate delay.
“If the political parties desire timely local government elections, an amendment to Article 140-A is inevitable,” the ECP Secretary had remarked and pointed out that the Article gives power to the provincial governments to amend the local government laws at their whims, which leads to delay the local government polls. Local government elections have faced delays in Punjab and the federal capital since 2021, owing to mainly similar reasons.
