ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday explained its failure to meet its constitutional responsibility of conducting long overdue local government elections in Punjab and Federal Capital. Secretary Election Commission Omar Hamid Khan while talking to a delegation of Jamaat-e-Islami led by Liaquat Baloch, which visited the ECP blamed 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 Secretary ECP remarked. He said the Articles gives power to the provincial governments to amend the local government laws at their whims, which leads to delay the local government polls.

According to the ECP spokesman, the Election Commission Secretary told the delegation that an amendment to Article 140A is inevitable if political parties want to hold local government elections on time.

The delegation was told that the responsibility of the Election Commission was to conduct elections in accordance with the constitution and law.

Says amendment to Constitution inevitable for timely elections

The ECP Secretary said changing the electoral system was the prerogative of the Parliament, so if the electoral system is changed, the Election Commission is to conduct elections accordingly.

In addition, on the date of local government elections in Punjab and Islamabad, the delegation was informed that no government appears to ready to conduct local government elections.

After much effort, the delegation was told, the Election Commission has succeeded in conducting elections in Khyber Pakhtunkhwa, Sindh, Balochistan (except Quetta) and Cantonments. So far, the case of Quetta district was pending before the Balochistan High Court and the Election Commission was bound under Section 219 of the Elections Act 2017 to conduct elections under the prevailing local government laws.

The delegation was told that whenever the Election Commission completes the delimitation, and when it is ready for the elections, the local government laws are changed. Moreover, the Election Commission has so far conducted delimitation in Punjab four times.

The election programme for the Punjab elections was announced in April 2022 and a stay was granted by the Multan Bench of the Lahore High Court and the case was still pending.

The election schedule was also given, but due to amendments in the election laws, the elections could not be held. The delegation was told that the case was also fixed for June 2 for hearing before the Supreme Court.

The ECP Secretary said the Commission will ensure the immediate holding of elections in Islamabad as soon as the legislative process was completed. Legal experts however believe that the ECP had all the powers to hold local government elections on time and can bar the respective governments from amending the law when it announces election schedule or even before that.

“If the ECP can place a ban on postings and transfers and announcement of development schemes, it can also order the federal and provincial governments to finalise their local government laws on specific dates, and in case of failure can hold elections as per the existing law,” advocate Chaudhry Adeel Ahmed Khatana said while talking to Dawn.

He said the Commission can also use its contempt power to punish the government functionaries involved in creating hindrance in the way of timely polls.

He said under Section 219 (4) of the Elections Act, the Commission is bound to hold elections to the local governments within 120 days of the expiry of the term of the local governments of a Province, cantonment and Islamabad Capital Territory.

He said under sub-section d 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.

Khatana said according to Section 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 the provision must not be allowed to be misused to defeat the spirit of the law by last minute changes to LG law.

In April 2019, the then PTI-led Punjab government dissolved the local government institutions, which were later restored by the Supreme Court and subsequently completed their term on Dec 31, 2021. That means the elections were supposed to be held by the end of April 2022. Likewise, tenure of Islamabad’s local bodies expired on February 14, 2021 and the law required elections by mid of June 2021.

Published in Dawn, May 28th, 2025