ECP wants LG polls under existing laws

Published February 6, 2014
— File photo
— File photo

ISLAMABAD: The Election Commission of Pakistan (ECP) has suggested holding of local government polls in Sindh and Punjab under the existing laws, rules and delimitation to meet a constitutional obligation that is being violated since 2009.

“Correct prioritisation is very important in each area of life and, therefore, we should do things we can do now, and set in motion the processes for long-term reforms in the constitutional provisions, laws, rules and delimitation processes.

They should not hinder each other causing delay in holding of local government elections,” reads a document submitted to the Supreme Court by the ECP.

The commission pointed out that Rs1.08 billion had been paid by the Finance Division as advance to the Printing Corporation of Pakistan for procurement of paper and printing of ballot papers and Rs250 million to the Pakistan Council for Scientific and Industrial Research for manufacturing of standardised ink, stressing that these public funds must not be allowed to be wasted.

Alluding to the demand for conducting fresh census before the local government polls, the ECP observed: “Had the federal government held the population census and had the provinces completed the prerequisites during the last about four years, the dilemma being faced today could have been avoided.

But now we have to find a way out which serves the best interests of people of Pakistan.”

It has been suggested that first the constitutional obligation should be fulfilled to enable public representatives at local level to solve problems at the grass-roots level.

Then for the future course of action, the Council of Common Interests may be asked to take a decision on a Statistics Division’s summary said to be pending with it for about two years for holding population census.

The view appears to be an indirect response to a parliamentary committee’s recent recommendation for conducting fresh census before holding local government elections across the country – a proposition if taken into account could delay local bodies polls for another year or two.

The ECP suggested that the Statistics Division should be asked to indicate timeframe for holding the population census, observing that probably a housing census would also have to be carried out afresh as more than two years had elapsed since the last one conducted in 2011.

Timelines should also be obtained from the provinces to carry out necessary amendments in the laws and rules and the ECP should indicate the timeframe required for delimitation in Sindh and Punjab.

In the long-term perspective, the ECP noted, “it appears there is some ambiguity and anomaly in the relevant constitutional provision and also in the laws resulting in the present confusion, hurdles and delay in holding of local government elections”.

The commission offered to propose necessary constitutional and legal amendments pertaining to LG polls and submit the same to the Supreme Court for forwarding to parliament and the provincial governments so that anomalies could be removed and recurrence of the problems faced during the past four years could be avoided.

It stressed that some parameters or yardsticks needed to be fixed to ensure that political, administrative and financial powers are delegated uniformly to the elected representatives of the local governments.

“Security of tenure should be ensured to all elected representatives at all tiers of local governments so that they could work for welfare of the people without any interference from the provincial governments concerned.”

Last local government elections across the country were held in 2005 for a four-year term and fresh polls are due since 2009.

Under the 18th Amendment passed in 2010, the responsibility of holding LG polls was also entrusted to the ECP, which kept on pursuing the provinces to complete three prerequisites – legislation, rules and delimitation.

But none of them did it until the apex court issued directives and as a result LG polls were held in Balochistan on Dec 7 last year. The polls were to be held on Jan 18 in Sindh and on Jan 30 in Punjab.

In December, Sindh and Punjab High Courts scrapped delimitation in the two provinces.

Now the Supreme Court is to decide if the elections should be held on the existing delimitation or postponed till fresh amendments in the laws and rules by the provinces, followed by the fresh delimitation.

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