LG polls: Provinces unlikely to meet Nov 15 deadline
Sindh, Punjab, K-P as well as federal govt have failed to take any steps
ISLAMABAD:
Devolution of power to local governments – a mandatory requirement under the 1973 Constitution – is becoming a distant dream as all provincial governments are dragging their feet on holding the LG polls on different pretexts.
The recent developments make it clear that the LG polls are not in sight –at least by end of this year.
Soon after the May 2013 polls, the Supreme Court has been pressing all the provincial governments to conduct local government elections, which were due to be held on 2009.
Only Balochistan went ahead and conducted LG polls in December last year. On the other hand, none of the remaining provinces –Punjab, Sindh and Khyber Pakhtunkhwa (K-P) – are likely to meet the November 15 deadline given by SC in March.
Annoyed over the inaction of Punjab, Sindh, the K-P and the federal government, a three-judge bench of the Supreme Court has once again taken up the case.
During this week’s hearing (on October 3), Sindh’s Additional Advocate General Qasim Mir Jutt told the bench that a draft had been prepared to authorise the Election Commission of Pakistan (ECP) for carrying out delimitation, which, he claimed, ‘will soon be enforced through an ordinance’.
Superior courts in Sindh and Punjab had quashed the delimitations carried out by PPP government in Sindh and PML-N government in Punjab. The courts had ordered that the ECP should conduct the delimitations to ensure impartiality.
Punjab’s Additional Advocate General Razaq A Mirza presented Punjab’s case and claimed that the provincial government wrote a letter to the Centre to carry out requisite legislation first.
K-P Advocate General Latif Yousufzai also appeared before the bench and said that provincial government was under the impression that the delimitations it had carried out earlier this year would be deemed illegal after the high courts annulled delimitations done by Punjab and Sindh governments.
He said the K-P government wanted that the ECP to conduct fresh delimitations of LG constituencies in the province.
Irritated by the excuse, the head of the bench, Chief Justice Nasirul Mulk asked the AG as to why the K-P government did not come to the court if it had any ambiguity in the matter. “You kept waiting and came only when summoned,” the CJ said.
The court later directed the federal government to present its point of view in the next hearing scheduled to be held on October 14.
Imran Khan, whose party – Pakistan Tehreek-e-Insaf – rules K-P had announced that his party would hold local government elections within 90 days after coming into power.
Bottlenecks ahead
An ECP official told The Express Tribune that the commission could carry out delimitation for LG polls only after parliament amended Article 222 of Constitution and provinces made changes in their respective LG laws.
The Supreme Court on March 20 this year had ordered the federal and provincial governments to complete all the pre-requisites for local government elections by November 15 this year.
While only a month is left in the expiry of the SC’s deadline, the three provinces and federal government have failed to take any substantive step toward the LG polls. This shows that they are not serious in devolving powers to local governments, which are fundamental for any democracy to flourish.
Published in The Express Tribune, October 10th, 2014.
Devolution of power to local governments – a mandatory requirement under the 1973 Constitution – is becoming a distant dream as all provincial governments are dragging their feet on holding the LG polls on different pretexts.
The recent developments make it clear that the LG polls are not in sight –at least by end of this year.
Soon after the May 2013 polls, the Supreme Court has been pressing all the provincial governments to conduct local government elections, which were due to be held on 2009.
Only Balochistan went ahead and conducted LG polls in December last year. On the other hand, none of the remaining provinces –Punjab, Sindh and Khyber Pakhtunkhwa (K-P) – are likely to meet the November 15 deadline given by SC in March.
Annoyed over the inaction of Punjab, Sindh, the K-P and the federal government, a three-judge bench of the Supreme Court has once again taken up the case.
During this week’s hearing (on October 3), Sindh’s Additional Advocate General Qasim Mir Jutt told the bench that a draft had been prepared to authorise the Election Commission of Pakistan (ECP) for carrying out delimitation, which, he claimed, ‘will soon be enforced through an ordinance’.
Superior courts in Sindh and Punjab had quashed the delimitations carried out by PPP government in Sindh and PML-N government in Punjab. The courts had ordered that the ECP should conduct the delimitations to ensure impartiality.
Punjab’s Additional Advocate General Razaq A Mirza presented Punjab’s case and claimed that the provincial government wrote a letter to the Centre to carry out requisite legislation first.
K-P Advocate General Latif Yousufzai also appeared before the bench and said that provincial government was under the impression that the delimitations it had carried out earlier this year would be deemed illegal after the high courts annulled delimitations done by Punjab and Sindh governments.
He said the K-P government wanted that the ECP to conduct fresh delimitations of LG constituencies in the province.
Irritated by the excuse, the head of the bench, Chief Justice Nasirul Mulk asked the AG as to why the K-P government did not come to the court if it had any ambiguity in the matter. “You kept waiting and came only when summoned,” the CJ said.
The court later directed the federal government to present its point of view in the next hearing scheduled to be held on October 14.
Imran Khan, whose party – Pakistan Tehreek-e-Insaf – rules K-P had announced that his party would hold local government elections within 90 days after coming into power.
Bottlenecks ahead
An ECP official told The Express Tribune that the commission could carry out delimitation for LG polls only after parliament amended Article 222 of Constitution and provinces made changes in their respective LG laws.
The Supreme Court on March 20 this year had ordered the federal and provincial governments to complete all the pre-requisites for local government elections by November 15 this year.
While only a month is left in the expiry of the SC’s deadline, the three provinces and federal government have failed to take any substantive step toward the LG polls. This shows that they are not serious in devolving powers to local governments, which are fundamental for any democracy to flourish.
Published in The Express Tribune, October 10th, 2014.