ISLAMABAD: In the absence of an official notification of the results of census carried out in 2017, local government elections, if held, will be open to legal challenges, experts believe.

Talking to Dawn, they said even the process leading to the elections, including delimitation, would be questionable and would require a constitutional amendment on the pattern of the 24th Amendment that allowed a one-time waiver and paved way for general elections in 2018 on the basis of provisional census results.

Under Section 17 (1) of the Elections Act, 2017, the Election Commission of Pakistan (ECP) is responsible to delimit territorial constituencies for elections to the National Assembly, each provincial assembly and to local governments in accordance with the provisions of the Constitution, the Act, the Rules and the applicable local government law. Section 17 (2) of the Act reads, “The Commission shall delimit constituencies after every census officially published.”

Since a final notification of census results is still on hold apparently due to political reasons, the delimitation of constituencies — a prerequisite for conduct of elections if carried out would be illegal.

The Muttahida Qaumi Movement and Pakistan Peoples Party had rejected the provisional census results and had agreed to vote in favour of the 24th Amendment on the condition of third person audit of one per cent census blocks proportionately in all the provinces selected by random computer ballot. The audit has never been carried out.

One of the political parties to have rejected provisional census results is now part of the ruling coalition and to many, the reason for delay in official notification was the government’s fear to lose an ally.

Under the law, the local government elections in all the provinces have to take place within four months after expiry of the term of local bodies. The term of local government in Balochistan expired on Jan 27 and in Khyber Pakhtunkhwa on Aug 28. Local governments in Punjab had been dissolved on May 4. The standard time of 120 days, also mentioned in almost all the provincial local governments has already passed but the provinces too continue to drag their feet on the elections. KP is yet to pass a new local government law while Punjab has passed new law but is in the process of framing local government rules. In Balochistan, the process of delimitation had been started months ago, but the provincial government had given a stay against the exercise, which still holds the field.

On the other hand the ECP which had allowed delimitation in Balochistan on the basis of provisional census data continues to persuade the provinces to provide it with the prerequisites for holding local government elections.

An official of the ECP, when contacted, said holding of local government elections was a constitutional responsibility of the Commission under Article 219 of the Constitution.

He said under sub-section d and e of Article 219 of the Constitution, the ECP is charged with the duty of holding of general elections to the National Assembly, provincial assemblies and the local governments; and such other functions as may be specified by an Act of Majlis-e-Shoora (Parliament)

He said according to Article 140A of the Constitution each province is required by law to establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments. He said Article 140A (2) of the Constitution reads, “elections to the local governments shall be held by the Election Commission of Pakistan”.

Published in Dawn, December 29th, 2019