ECP stands firm, says LG polls on 15th

ISLAMABAD:

The Election Commission of Pakistan has rejected the request of the Sindh government to postpone the local government elections scheduled for January 15 in Karachi and Hyderabad, saying that the polls will be held on time.

A five-member ECP bench, headed by Chief Election Commissioner Sikandar Sultan Raja, gave its ruling on the Sindh government’s letter for the postponement of LG polls.

Late Thursday night following a Sindh cabinet meeting, Sindh Information Minister Sharjeel Inam Memon told media persons that the LG polls in Karachi and Hyderabad divisions had been postponed.

Memon said that the Pakistan Peoples Party-led Sindh government’s coalition partner, the Muttahida Qaumi Movement-Pakistan, had reservations over the delimitation of LG constituencies. “The Sindh LG Act, 2013 will be amended and a letter will be written to the ECP.”

The MQM-P had rejected the delimitation of LG constituencies, termed them “unjustified”, and demanded the withdrawal of the notification in this regard.

However, on Friday, the ECP rejected the provincial government’s decision, announcing that the second phase of the LG elections in Sindh would be held according to schedule – on Jan 15.

The ECP suspended the notification of the provincial government against the Sindh LG Act, 2013.

Sources said that CEC Raja expressed anger at the initiative of the Sindh government, saying: “No one, be it the Federation or the province, wants to hold local body elections.”

In this regard, the ECP directed the interior ministry to ensure the deployment of army and Rangers at the most sensitive polling stations. The LG polls are to be held in 16 districts of Karachi and Hyderabad.

In its written order, the ECP said that the Supreme Court had ordered to conduct the LG polls on time in several decisions.

In the decree, the ECP ordered the Sindh chief secretary to make foolproof arrangements for the polling, asking the Sindh inspector general of police to ensure security measures at the polling stations.

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The electoral watchdog instructed the ECP secretary as well as the special secretary to reach Karachi immediately. “The ECP special secretary should contact the relevant authorities and ensure all arrangements regarding polling are done in time.”

The ECP has set up a central control room for three days at its secretariat to monitor the second phase of the LG elections.

“The central control room will start working from today (Friday) and will continue to work without interruption until the results are out.”

Senior officers will monitor the election process from room.

“No interference will be tolerated during the polling,” the CEC said, adding that immediate action would be taken against violators.

According to details, the Sindh LG term expired on Aug 30, 2020 and the commission was under constitutional and legal obligation to hold LG elections within 120 days after the term’s expiry.

The ECP issued a schedule for conduct of LG polls in Karachi and Hyderabad/Thatta divisions on April 29, 2022 with poll date July 24, 2022. However, the ECP suspended the schedule, postponing the LG polls till Aug 28, 2022 on account of inclement weather, including thunderstorm and torrential rains, as well as Ashura in Karachi and Hyderabad.

Due to heavy rain and flood in Sindh, the elections were again postponed till Oct 23, 2022. However, on Oct 18, 2022, the ECP received a letter from the interior ministry, stating that there was lack of availability of law enforcement agencies for the polls. On Oct 22, 2022, the Ministry of Defence Production requested the ECP to postpone the LG polls due to non-availability of LEAs, saying that an international defence exhibition and seminar (IDEAS) at the Karachi Expo Centre was under way.

The commission fixed the matter for hearing on Nov 15, 2022 and after hearing the parties, decided that the LG elections will be held on Jan 15, 2023.

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According to the ECP order, four applications were received from the MQM-P dated Dec 30, 2022, Sindh advocate general dated Dec 19, 2022 and Jamaat-e-Islami dated Dec 21 and 27, 2022. The MQM-P in its application raised objections regarding use of fresh/new electoral rolls for the conduct of the second phase of Sindh LG elections. The Sindh advocate general wrote a letter regarding the implementation of judgment passed by the Supreme Court in CP No 841-K dated Aug 17, 2022, while the JI through their two applications insisted upon the timely conduct of the second phase of LG elections in Sindh and issuance of directions for the Sindh government regarding posting/transfer of administrators in violation of code of conduct.

The ECP order stated that the application filed by the MQM-P was rejected and the one filed by the JI was accepted and it was decided to conduct the second phase of LG elections on Jan 15.

“Directions were also issued under Article 220 of the Constitution to Sindh chief secretary, IG and LEAs for proper assistance to the ECP officials for free and fair conduct of Sindh LG polls.”

Talking to media persons on Friday, the Sindh information minister said that the ECP could not interfere in the decisions of the Sindh government regarding the local body elections.

Memon said that the LG elections were postponed due to MQM's reservations. “The decision to postpone the election has been taken under the constitutional rights,” he said. “Some powers are with the Sindh government and some with the ECP.”

Separately addressing a news conference at the MQM-P headquarters at Bahadurabad, the leaders said that legally the ECP could not hold local elections as the Sindh government postponed them. “The ECP decided under Section 9 while the Sindh government used Section 10A. After Section 10A, Section 9 has no status.”

Among the leaders were Barrister Farogh Naseem, Mustafa Kamal, Faisal Sabzwari, Wasim Akhtar, Farooq Sattar and others.