Punjab misses its own deadline…again

A cabinet meeting decided to postpone local elections by another six months.

LAHORE:

The deadline that the Punjab government had set for itself for notifying the Election Commission about holding fresh local government elections expired on Friday.

This is not the first time that the Punjab government has failed to deliver within a deadline set by itself, superior courts or the House. On February 4, 2010, the government appointed administrators to replace elected officials and announced that elections would be held in 6 months. But no elections were held. The Punjab government did not take up the issue until October 2010.

On October 21, 2010, the Punjab government amended Section 179-A of Local Government Ordinance 2001. According to the amendment “As soon as may be possible, but not later than three hundred and sixty-five days [from this day], the Government shall notify a date for holding of the local elections to the Election Commission”. The said amendment was notified and published on October 28, 2010. “Local governments in the Punjab now lack legal cover,” said Pakistan Muslim League- Quaid (PML-Q) MPA Mohsin Leghari, the Punjab government has neither presented any amendment in the House nor requested the governor to issue an ordinance in this regard.

According to assembly record, the cabinet, meeting on October 13, decided to postpone local government elections by another six months. It was also decided that another amendment to the Local Government Ordinance would be passed to extend the tenure of the administrators. However, no amendment was moved in the House.

If an amendment is to be made in a law, a bill is presented in the House, which generally refers it to a standing committee. After deliberating on the bill, the standing committee sends its report to the House, which then votes on the bill.

“PML-N does not consider the assembly an appropriate forum to discuss local government amendments. Under the law, cabinet does not have any powers to amend legislation. Yet, the cabinet has once again decided on extending the election date,” Leghari said.

Ali Raza, a former district nazim in Rajanpur, said that the government should hold elections immediately. Otherwise, he said, he would file an application with the Lahore High Court.

Advocate Chaudhry Fawad, secretary general of All Pakistan Muslim League also said that Local Councils Association of Punjab would file an application in the Lahore High court against the Punjab government and seek court directions that local bodies’ elections be held immediately.

Tahir Ahmad Sindhu, the parliamentary secretary for Local Government and Rural Development, was unsure about whether or not the government would table amendments to the Local Government Ordinance in the House in the next session.

Punjab Law Minister Rana Sanaullah was not available for his comments.

Local government system 101 

The local government system, introduced by General (r) Pervez Musharraf in 2001, got the constitutional cover with the 17th Amendment through the insertion of Article 140-A.

Under 140-A, provincial governments are duty bound to establish a local government system and devolve administrative and financial powers to the elected local government leaders. The chief election commissioner on request of provincial government is responsible to hold the local election on the expiry of their term, which is four years.

On November 26, 2008 the Punjab government passed the Punjab Land Revenue (Amendment) Bill 2008 and appointed the commissioners and collectors at divisional and district levels.

Published in The Express Tribune, October 22^nd, 2011.