Delimitation powers to ECP: SC gives Sindh, Punjab until Oct 30 to legislate
The Supreme Court on Monday allowed the provincial governments in Punjab and Sindh to complete legislation for authorising the Election Commission of Pakistan (ECP) to delimit constituencies for local government elections until October 30. The development came as the Sindh Assembly passed a law to hand over the powers of delimitation to the ECP, while a similar bill was tabled in the Punjab Assembly.
A three-judge bench of the apex court – headed by Chief Justice Nasirul Mulk – also sought reports within a month from the ECP and Khyber-Pukhtunkhwa government on the steps they have taken for holding LG elections in the province.
At the start of the hearing, Attorney General for Pakistan Salman Asam Butt submitted before the judges that the federal government has already issued two ordinances empowering the ECP to delimit constituencies for LG polls.
Additional Advocate General (AAG) Punjab Razaq A Mirza informed the bench that an ordinance issued by the government was tabled in the provincial assembly on (Monday). Similarly, AAG Sindh Mir Qasim also said that a bill was tabled in the provincial assembly.
ECP’s attorney Muhammad Akram Sheikh submitted that his client would need at least five months for making preparations – including arrangement of the biometric system – for holding LG elections in K-P. ECP officials have already met the provincial authorities to discuss the matter, he added. The bench, however, directed both the K-P government and the ECP to complete the process and submit a progress report within a month.
The ECP counsel contended that it was not possible for the commission to complete the delimitation process for LG elections in Sindh and Punjab within 45 days, suggesting at least six-month time for this purpose. But the bench said this plea would be considered after the Sindh and Punjab governments complete their legislation.
Legislation in Sindh, Punjab assemblies
Later in the day the Sindh Assembly enacted a law to empower the ECP to delimit constituencies for LG polls in the province.
Parliamentary Minister Dr Sikandar Mandhro insisted that Article 140 of the Constitution empowers provincial governments to carry out the delimitation process and hold LG elections. “But we are now handing these powers to the ECP in compliance of the Supreme Court order,” he said while moving the Sindh Local Government Amendment Bill 2014 in the house.
Chief Minister Qaim Ali Shah added that the provincial government had completed the delimitation process a year ago, but the Muttahida Qaumi Movement and a few other parties challenged it. This, he said, was the reason why LG elections have been delayed.
The Punjab Local Government (second amendment) Ordinance 2014 was tabled in the Punjab Assembly on Monday which was subsequently sent to the Standing Committee on Local Government and Development. The committee was given a week’s time to submit its report.
The ordinance was presented by provincial Law Minister Mujtaba Shujaur Rahman along with four other ordinances.
Published in The Express Tribune, October 21st, 2014.
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Local Government election will not be held before 2019 because present rulers of Punjab and Sindh fear that it will go against their parties. What they had been doing for the last 6 years.They will give excuses on one pretext or the other. They should be removed from office and a Judge or a College professor be entrusted to carry out this drill. I cannot say any thing about KPK and I wonder if they will also honor commitment by Imran Khan.Cenus and delimitation can be completed in 300 days if there and which is not.