Rasheed said that instead of introducing amendments in the PLGA through ordinances, the government should call an assembly session to discuss the flaws in the Act. PHOTO: NNI/FILE
The local government election should be postponed for two months beyond the January 30 deadline set by the Supreme Court of Pakistan for the Punjab, PTI’s Leader of the Opposition in the Provincial Assembly Mian Mahmoodur Rasheed said on Tuesday.
He was speaking at the Forum on Local Elections Framework in Punjab organised by the Democracy Reporting International (DRI) as part of the European Union-funded project Supporting Advocacy for Electoral Reforms in Pakistan.
More than 60 representatives from major political parties, including 14 provincial assembly members, non-government organisations, the media and the Election Commission of Pakistan attended the forum.
The participants demanded that the Provincial Assembly play a proactive role in developing the framework for the elections.
Rasheed said that instead of introducing amendments in the PLGA through ordinances, the government should call an assembly session to discuss the flaws in the Act. Frequent changes to the law, without parliamentary deliberations, should be avoided, he said.
MPA Ayesha Javed from the Pakistan Muslim League-Nawaz too said, “The government should not rush the local body elections. The Act has many loopholes that need to be fixed.” She said the Act did not devolve financial responsibility or authority to the grassroots level.
Shortcomings
Hassan Nasir, an expert on election rules, presented the recommendations of DRI’s Assessment of the Punjab Local Elections Framework. He said the electoral framework fell short of state’s commitments to the International Covenant on Civil and Political Rights (ICCPR). The DRI’s assessment is based on analysis of the Punjab Local Government Act 2013 presented in assembly on October 7, 2013; four of its amendments; the Punjab Local Governments (Conduct of Elections); the Punjab Local Government (Delimitation Rules); Constitution of Pakistan; and international commitments.
Constituency delimitation
He said the PLGA stipulates that electoral constituencies must be, as far as possible, uniform in size, but sets no clear criteria. The population in the recently delimited union councils in Lahore varied between 3,698 and 29,180. Section 10 of the Act permitted the government to waive the criterion in specific cases without defining “specific cases”, leaving it open to interpretation and possible abuse. Contrary to Article 199 of the Constitution [Jurisdiction of High Court], the Act also ousted the jurisdiction of the courts over electoral boundaries.
Election administration
The ECP will administer the local elections, however Sections 26 (ECP functions) and 29 (Conduct of Elections) of the Act, leave the role and functions of the ECP to be defined in the rules.
Right to vote
The PLGA does not mention whether voters would be required to carry their CNIC.
Candidacy and Right to stand for elections
The age limit of 25 years has been specified, however, no age limit has been set for the youth. The PLGA defers candidate nomination procedures to the PLGR. An appeal not disposed of within the period specified by the Election Commission will be deemed to have been rejected (PLGR Section 14(12)).
Publication of results
There are no elaborate regulations to ensure transparency, such as the requirement to display results at polling stations immediately; the immediate publication of results on the ECP website; or the right of candidates and observers to receive the official result. Counting has been relegated to the PLGR.
Electoral disputes resolutions
Provisions in the Act (Sections 27, 33 and 39-45) confer concurrent jurisdiction on the ECP and Election Tribunal to deal with election petitions and disqualification of candidates.
Pre-election affairs are not covered and there is no clear timeline for the filling of election petitions to tribunals.
MPA Saba Sadiq said the government would call an assembly session in the coming days to discuss the PLGA and incorporate ordinances.
Published in The Express Tribune, November 27th, 2013.
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