ISLAMABAD: No law exists for the local government in Islamabad, yet the Election Commission of Pakistan (ECP) announced on Tuesday a schedule for holding the first-ever local government election in the federal capital on July 25.

But the ECP did so because it finds itself caught between the Supreme Court’s orders to schedule the election, pending the framing of the law, and the political government’s failure to pass the law, which the Senate is yet to clear.

Still, the political parties, including the ruling PML-N, reacted strongly to the ECP, hinting that it would be challenged in the court and also agitated in the parliament.

“How can the ECP deviate from the procedure laid down in the Constitution?” fumed PPP Senator Saeed Ghani. “Even the Supreme Court cannot do it. The ECP will have to decide if it wants to act in accordance with the dictates of the law or blindly follow the Supreme Court directions.”

Sen Ghani told Dawn he would be writing to Saleem Zia, the chairman of the Senate standing committee on rules and privileges, to immediately convene a meeting of the committee to discuss his privilege motion on the issue that the House admitted recently.

Though the National Assembly has passed the Islamabad local government bill, the Senate standing committee on interior has formed a sub-committee to review the bill. “Announcement of the schedule at this stage is a clear insult to the Senate,” said the PPP senator, adding the bill would go back to the National Assembly if the Senate proposes some amendment.

If the National Assembly agrees with the amendment, the bill will go to the President for assent. If it does not, a joint session of the parliament will have to be called to decide the issue.

Sen Ghani said the ECP should assert its constitutional authority and explain the legal position even when facing some illegal order. “The ECP is not a subordinate department of the Supreme Court,” he remarked.

PML-N MNA Dr Tariq Fazal Chaudhry sounded similarly surprised and dismayed over the ECP issuing the election schedule for the LG polls in the federal capital.

“How can they do it? The bill is still at the Senate committee. In fact, the sub-committee is holding public hearings on the issue,” the MNA from Islamabad told Dawn.

In his view “no institution or action should be above the law” and a law is yet to be framed for introducing the LG system in Islamabad. “Many things need to be sorted out. Powers of the mayor and the chairmen of Union Councils are yet to be clearly defined and other ambiguities and anomalies have to be removed,” he noted.

Pakistan Tehreek–i-Insaf MNA Asad Umar also decried the ECP move, terming it unlawful. The PTI will not accept the controversial decision, said the MNA who also represents Islamabad.

“Holding LG polls in Islamabad is important and the PTI has always supported this idea but I am at a loss to understand how they can do it without a law?” he said. “This is like doing a right thing in a wrong manner.”

Asad Umar smelled some mala fide intentions behind it because he said it gives too short a notice for the contesting candidates. The PTI will challenge the schedule in the court, he said.

The ECP notification about the schedule specifically mentions that it was in compliance with the order passed by the Supreme Court on March 10. The schedule for all categories of seats in each union council of Islamabad capital territory has been announced in terms of Rule 11, the draft Islamabad Capital Territory Local Government (conduct of elections) Rules 2015.

According to the schedule, the returning officer will issue notice inviting nomination papers today (June 24) and receive them on June 25 and 26. Objections to the nominations can be filed on June 28 and scrutiny of nomination papers and publication of names of the validly nominated candidates will be completed on the following two days.

Appeals against acceptance or rejection of nomination papers will be received on July 1 and 2 and disposed of on July 3 and 4. July 5 has been set as the date for the withdrawal of candidature while the list of candidates with symbols allotted to them will be published on July 6. July 25 will be the polling day while the returning officer will announce the results on July 28.

Published in Dawn, June 24th, 2015

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