PESHAWAR: Recently, several developments have taken place concerning the local government system. The most important in this regard is the interest shown by the Supreme Court wherein Chief Justice Iftikhar Mohammad Chaudhry observed on several occasions that holding local government elections is a constitutional obligation.

Heading a three-member bench in Quetta on April 30, the chief justice stated that under the constitution the government was bound to hold LG elections.

“We will not allow anyone to violate the Constitution. The government will face difficulties if it violates the Constitution,” the chief justice observed while hearing a case relating to law and order situation in Balochistan.  The Supreme Court has directed the provincial governments to submit reports to explain why LG elections are not being conducted despite lapse of many years.

Senior Provincial Minister Bashir Ahmad Bilour, who also holds the portfolio of local government, has hinted that LG elections would be held in the province on party basis in late October or early November. Also, a select committee of Khyber Pakhtunkhwa Assembly has completed its deliberations on the proposed Local Government Act, 2010, and submitted its report to the assembly on May 4.

The provincial government had dissolved local councils on Feb 20, 2010, and replaced the elected nazims with administrators.

Prior to that the provincial assembly had introduced amendments to the Khyber Pakhtunkhwa Local Government Ordinance, 2001, and incorporated section 179-B in the ordinance empowering the government to dissolve the councils and appoint administrators.

Subsequently, the government tabled the Local Government Bill, 2010, before the assembly on March 25, 2010, which observers believe is aimed at replacing Pervez Musharraf era’s LG system with a new version almost similar to the one introduced by General Ziaul Haq in 1979. The bill, which proposes repealing of the Local Government Ordinance (LGO) 2001, was referred to the select committee.

Over two years have passed since the local councils were dissolved, but so far no exact date has been set for holding the polls.

While the bill tabled in the provincial assembly proposed a seven-member union council, it has been reported that the select committee has now proposed an 11-member union council, including seven seats of general councillors, two seats reserved for women and one each for minorities and workers and peasants.

It is proposed that there should be a municipal corporation in the provincial capital and district council in each of the districts.

The proposed corporation would be headed by a mayor and the district council by a chairman. It is proposed that 10 per cent seats in the district council would be reserved for women and five per cent each for peasants and minorities. The members of the union council would also establish ‘reconciliatory jirga’ to resolve minor issues.

The 1973 Constitution makes it binding on the state to encourage the local government system. Article 32 states: “The State shall encourage local government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women.” Similarly, Article 140-A (1) states: “Each province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local government.”

Sub-section 2 of Article 140-A provides that “Election to the local governments shall be held by the Election Commission of Pakistan.”

Another development in Khyber Pakhtunkhwa is that the Local Council Association (LCA) - a representative body of the elected former nazims, naib-nazims and councilors – has to close down its office in Peshawar due to shortage of funds. The LCA was funded by Devolution Trust for Community Empowerment.

“Since its establishment the association continued to highlight the issues related to local government,” said Ali Haider, additional information secretary of the LCA. He stated that they had filed several writ petitions in Peshawar High Court challenging different acts of the provincial government concerning the LG system.

The LCA has also challenged the delay in LG elections in the provinces and requested the court to direct the chief election commissioner to hold the polls. Another petition challenged the Local Government (Amendment) Act, 2010, through which elected nazims were replaced with administrators.

Mr Haider said that as the local government system had been passing through transitional process, the input of the association was important at this stage. However, he added that due to its problems the association was not in a position to hold consultations on it.

Local government being the third tier of governance in the province is an important issue and it would be appropriate for the provincial government to hold deliberations on the proposed law before its enactment so that all stakeholders may be involved in it.