WHILE polling for the first phase of the local government elections in Sindh is around the corner, the fate of elected LG organisations hangs in the balance since the polls are being conducted under the old Sindh Local Government Act 2013 that gives very little authority and powers to elected LG representatives and all stakeholders want it amended in the light of Article 140-A of the Constitution as directed by the Supreme Court in its Feb 1 verdict.

Many believe the exercise of holding LG elections may not serve the purpose as the elected bodies to be formed as a result of these elections would remain toothless and the provincial government continues to exercise their powers under the SLGA 2013.

Currently, a select committee of the Sindh Assembly comprising members from the both sides of the aisle is holding deliberations to reform the existing LG law, but the process is so slow that any consensus amendment might be carried out after the LG polls, which are going to be held in two phases on June 26 and July 24.

The first phase of the LG elections are held in Sukkur, Larkana, Mirpurkhas and Shaheed Benazirabad divisions on June 26. Polling for Karachi and Hyderabad divisions will be held on July 24.

LG law of 2013 is yet to be amended; judiciary to decide on govt-opposition’s postponement request

However, it remains to be seen what will be the legal and constitutional repercussions or the powers of elected organisations if the LG elections were held as per schedule under the SLGA 2013 without complying with the apex court’s Feb 1 ruling.

All parties want postponement

The 19-member select committee, headed by LG minister Nasir Hussain Shah, has also conceded that without carrying out necessary reforms in the law, LG election would not serve the purpose and it unanimously recommended postponement of the polls and a lawyer for the Sindh government submitted the minutes of their meeting before the Sindh High Court.

Lawyers are of the view that the entire electoral exercise would be of no use and LG representatives would remain toothless if the SC judgement was not implemented in letter in spirit.

Karachi Administrator and Chief Minister’s Law Adviser Barrister Murtaza Wahab says the ruling Pakistan Peoples Party is willing to amend the law to make the local government system effective and empowered.

About Sindh government’s stance to postpone the LG elections, Barrister Wahab, who is also an ex-officio member of the select committee, says it’s not in the hands of the provincial government and the judiciary has to decide.

He says the government was under constitutional obligation to devolve power, but it was the duty of the Election Commission of Pakistan to take decision about elections.

When asked about the fate or authority of the elected bodies if LG elections were held without making necessary amendments to the law, he says it’s up to the judiciary to decide.

Entire exercise may be declared void even after polls

Advocate Tariq Mansoor, who is representing the Muttahida Qaumi Movement-Pakistan in most of the cases filed in SHC regarding LG law and elections, was of the view that if the elections were held as per schedule, the transfer of power would not be taken place and the elected representatives/local governments would be toothless.

He also maintained that the entire exercise of polling could be declared null and void as the notifications issued by ECP to hold LG polls in Sindh were defective since the same were issued without lawful authority and in violation of under Articles 218 and 219 of the Constitution and SLGA 2013 as at the time of issuance of such notifications the quorum composition of the ECP was not completed.

Commenting on the apex court judgement, he says not only SLGA is required to be amended, but there are 49 other laws which will also be needed to be amended.

When asked whether the amendments made in such laws after the LG elections could empower the elected bodies, he says this was a gigantic exercise that would take around a year to complete. So during this period the LGs would remain powerless as provincial authorities would continue to exercise their authority.

Pakistan Tehreek-i-Insaf lawyer Ali Ahmed Palh says that the exercise of conducting LG elections under the existing laws would be in vain as the elected bodies will be dummy and powerless.

He states that the PTI had requested the SHC to delay the elections so that the LG law could be reformed in view of Article 140-A, but the high court did not entertain it. The PTI has approached the Supreme Court in seeking postponement of the LG polls, he says.

He opines if amendments are made in the LG law after the elections, the same would come into force after a period of four years.

On May 9, the SHC had dismissed the petitions of PTI and Grand Democratic Alliance seeking postponement of LG elections in Sindh.

Published in Dawn, June 13th, 2022