ECP wants Article 140 (A) amended

The Election Commission of Pakistan (ECP) has asked the federal government to amend Article 140 (A) of the Constitution, paving the way for making changes in the local government law, if needed, to be carried out three months before the completion of their tenures.

In a letter, the ECP has also sought amendments to Section 219 of the Election Act, 2017.

It has also proposed that any amendment to the Election Act should be made a year before the completion of the tenure of a local government.

The commission also sought an amendment to Article 140 (A) so that after the change, the local government polls could be held four months following the completion of their tenures.

Article 140 (A) currently 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 governments.”

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The proposed amendment read: “In the Constitution of the lslamic Republic of Pakistan, in Article 140 (A) after clause (2), the following new clause (3) shall added namely (3) The Federal Government, or, as the case may be, the Provincial Government shall make necessary arrangements including amendments [to] [the] existing laws, rules, alteration in the administrative limits of districts, tehsils and local areas before the expiry of term of local governments, if so required, in such a way that the Election Commission of Pakistan may hold elections within one hundred and twenty days [three months] after the expiry of term of the local government.”

Mentioning Section 219 of the Election Act, 2017 in the letter, the ECP wrote: “The Federal Government or as the case may be the Provincial Government shall make necessary arrangements including amendments [to] the existing local government laws, rules, change or alteration in administrative limits of districts, tehsils and local areas before the expiry of the term of [a] Local Government.”

It added: “Provided that, in case the existing Local Government system is required to be replaced completely with the new local government system or substantially alter during its currency by any Government, then such enactment shall be made by an Act of [Parliament] or the Provincial Assembly as the case may be at least one year prior to the expiry of [the] local government.

Presenting its reasoning for the changes, the ECP contended that after the change in the law, all its preparations for the LG polls were wasted.

“Article 32 of the Constitution provides that the State shall encourage local government institutions composed of elected representatives of the areas concerned and in such institutions special representations will be given to peasants, workers and women,” the letter read.

“Article 140-A (1) provides that each province shall by law establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representative of the local governments. Chapter XIII of the Elections Act, 2017 deals with [the] conduct of elections [for] the local governments. The Election Commission under Article 140-A (2) read with Article 219 (d) of the Constitution is under obligation to hold local government elections. Article 218(3) of the Constitution cast duty upon the commission, to organise and conduct elections and to make such arrangements as are necessary to ensure that election is conducted honestly justly, fairly and in accordance with law and that corrupt practices are guarded against. In order to fulfil its constitutional obligation, the commission has always strived to hold timely local government elections but the federal and provincial governments repeal or amend the local government laws even after the expiry of the term of the local government which causes inordinate delay in the conduct of election and the commission faces difficulty in fulfilment of its constitutional duty. It is now established that local government is the third tier of the State and delay in election of local government offends Article 32, 140-A (1) 219 (d) of the Constitution and also hampers the devolution of powers at gross root level,” it stated.

Separately, the ECP has conducted a massive reshuffle of its officials.

The district election commissioners of Lahore, Gujranwala, Muzaffargarh, Jhelum, Sargodha, Bahawalpur, Badin, Khairpur, Karachi Central, Ghotki, and Matiari have been transferred.

The election officers of Sahiwal, Narowal, Jaffarabad, Bahawalpur, Charsadda, and Karachi have also been changed.

The ECP has officially notified these transfers.