• Cites Article 140-A of the Constitution in support of proposal
• Says governments often delay local bodies’ polls by amending laws after terms expire
ISLAMABAD: The Election Commission of Pakistan (ECP) has sought an amendment to the law to ensure the timely conduct of local government (LG) elections across the country.
In a letter sent to the secretary of the Parliamentary Affairs Division, the commission proposed an amendment to Section 219(1) of the Elections Act, 2017.
“The Commission shall conduct elections to the local governments under the applicable local government law at the time of the expiry of the term or dissolution of the local governments, and the rules framed thereunder, as may be applicable to a province, cantonments or Islamabad Capital Territory”, the proposed version of the section reads.
Explaining the rationale for the amendment, the letter — sent on the commission’s direction — refers to Article 140-A of the Constitution, which mandates that each province establish a local government system by law, devolving political, administrative and financial authority to elected representatives.
Chapter XIII of the Elections Act, 2017, deals with conduct of local government elections and states that the Election Commission, under Article 140-A (2) read with Article 219(d) of the Constitution, is under an obligation to conduct LG polls.
“Local government is an important tier and the bedrock of democracy, providing basic facilities to the public at the grassroots level. It is observed that governments have generally shown little readiness to conduct local government elections, and the Election Commission faces difficulties in holding them in a timely manner as mandated by the Constitution and law,” the letter says.
Issued with the signatures of Additional Director General (Local Government Elections) Chaudhry Nadeem Qasim, the letter states that, in order to fulfil its constitutional obligation, the commission has consistently strived to hold timely LG elections. However, federal and provincial governments often repeal or amend the local government laws even after the expiry of the term of the local government, causing inordinate delays and hindering the commission’s ability to perform its constitutional duty.
“Section 219(1) of the Elections Act, in its original form, states: “The Commission shall conduct elections to the local governments under the applicable local government law, and the rules framed thereunder, as may be applicable to a province, cantonments or the Islamabad Capital Territory.”
Section 219 (4) provides that: “The Commission shall hold elections to the local governments within one hundred and twenty days of the expiry of the term of the local governments of a province, cantonment or the Islamabad Capital Territory.”
In May last year, the ECP had explained its failure to fulfil its constitutional responsibility of conducting long-overdue local government elections in Punjab and the federal capital. Election Commission Secretary Omar Hamid Khan had blamed Article 140-A of the Constitution for the delay.
“If political parties desire timely local government elections, an amendment to Article 140-A is inevitable,” the ECP secretary had remarked. He said the article empowers provincial governments to amend local government laws at will, leading to delays in the conduct of LG polls.
Experts, however, argue that the ECP enjoys vast constitutional powers and is in a position to assert itself to ensure timely LG polls. They maintain that guarding against corrupt practices is a constitutional obligation and that allowing governments to defeat the spirit of the law by amending legislation even after the announcement of an election schedule amounts to a corrupt practice.
A legal expert also referred to Section 219 (5) of the Elections Act, which states: “The Commission shall organise and conduct elections under this Chapter and shall make such arrangements as are necessary to ensure that the elections are conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.”
Section 219(6) further provides: “The Commission may, by order in the official Gazette, make provisions for the conduct of local government elections if no provision or insufficient provision has been made under this Act or the Rules.”
According to experts, these provisions empower the commission not only to bar governments from amending LG laws after the announcement of an election schedule, but also to take punitive action in case of non-compliance.
“Asking the federal government to amend the Elections Act against its own political interest effectively helps it continue delaying the electoral exercise,” a legal expert remarked.
Published in Dawn, January 20th, 2026
