ISLAMABAD: The Election Commission of Pakistan (ECP) has proposed major amendments in the legal framework to prevent any delay in holding timely elections at the grassroots level, which will end the reluctance of governments to hold local elections. will
These amendments have been referred to in the 14-page order issued by the electoral body on the postponement of local body elections in the federal capital. However, the proposed amendments were rejected by its Law Wing.
The Election Commission wants the federal and provincial governments to enact legislation before the end of the term of the local government so as not to hinder the electoral process later.
As per the draft proposal, Section 219 of the Elections Act, 2017 is proposed to be amended to oblige the respective governments to make timely amendments to the laws and administrative units of the local governments.
The proposed amendment to the section states, “The Federal Government, or as the case may be, the Provincial Government shall make necessary arrangements, including amendments to the existing Local Government Acts and Rules, and alteration or modification of the administrative boundaries of districts, tehsils and local areas.” Before the end of the local government term.
Similarly, the proposed provisions state that the federal government, or as the case may be, the provincial government, shall not change the administrative boundaries of districts, tehsils, and urban and rural local areas after the term of the local government has expired.
“Provided that, if the existing local government system is required to be completely replaced by a new local government system or a substantial change is required by a Government during its currency, such law may be made by an Act of the Majlis Shura (Parliament). ) or the Provincial Assembly, as the case may be, at least one year before the expiry of the term of office of the Local Government of the Province, Cantonment, Islamabad Capital Territory, Federally Administered Tribal Areas, or any part thereof. “
One of the proposed amendments envisages that “the Commission may, by order in the official gazette, make provision for the holding of local government elections if there is no provision or insufficient provision under this Act or the rules.”
The Commission justified the proposed changes by stating that Article 32 of the Constitution provides that the State shall encourage local government bodies to consist of elected representatives of the areas concerned, and special representation to farmers, labourers, etc. in such bodies. will be given and women. The draft also states that Article 140-A (1) provides that each province shall by law establish a local government system and vest political, administrative and financial responsibility and powers in an elected representative of the local governments. will The holding of local body elections is mentioned in Chapter XIII of the Elections Act, 2017.
Therefore, the Election Commission, under Article 140-A(2) read with Article 219(d) of the Constitution, is bound to conduct local government elections. Article 218(3) of the Constitution imposes the duty on the Commission to hold and conduct elections and to make such arrangements as may be necessary to ensure that elections are conducted honestly, fairly, fairly and in accordance with law and to prevent corrupt practices. To be protected. against.
“The Commission has always tried to fulfill its constitutional responsibility to hold local elections on time, but the federal and provincial governments continue to repeal or amend local government laws even after the term of the local governments expires, which is why There are extraordinary delays in local government laws. The commission is having difficulty in conducting elections and fulfilling its constitutional mandate. The delay is violative of Articles 32, 140-A(1), and 219(d) of the Constitution and also obstructs the transfer of powers. At the grassroots level,” the document says.
Similarly, the Election Commission has also proposed an amendment to Article 140-A of the Constitution, and it seeks to insert sub-clause 3 in Article 140-A, which would provide similar changes to Section 219 of the Election Act. does, whereas section 219. The Act in its present form reads: “The Commission shall conduct local government elections for local governments under the Local Government Act and the rules made thereunder, as in any province, cantonment, Islamabad Capital Territory, or may apply to Federally Administered Tribal Areas.
“Notwithstanding anything contained in sub-section (1), the procedure for voting for direct elections to local governments in any province, cantonment, Islamabad Capital Territory, or Federally Administered Tribal Areas shall be the same as that of the Assemblies. provided for elections. Under sub-section (4) of this Act, the Commission shall, in consultation with the Federal or Provincial Government, announce the date or dates on which any province, cantonment, Islamabad Capital Territory, Local government elections shall be held in the Federally Administered Tribal Areas. Territories, or part thereof. He will hold local government elections within one hundred and twenty days.
“The commission shall organize and conduct elections under this chapter and make such arrangements as may be necessary to ensure that the elections are honest, fair, just, and in accordance with law and guarded against corrupt practices. “The Commission may, by order in the Official Gazette, make provision for the holding of local government elections if there is no provision or insufficient provision under this Act or the rules.
“Article 140-A (1) of the Constitution states that every province shall establish a system of local government and shall by law transfer political, administrative and financial responsibility and powers to elected representatives of local governments, and Article 140-A. (2) reads, “Elections to Local Governments shall be conducted by the Election Commission of Pakistan.”
It remains to be seen how governments react to the proposed document and what form it will take if and when it is taken up for consideration. It is expected that the federal and provincial governments may view the draft differently.
