Sindh LG polls on old electoral rolls on 15th: ECP

ISLAMABAD: The Election Commission of Pakistan (ECP) Monday rejected the application filed by MQM convener Khalid Maqbool Siddiqui and ruled that the second phase of Local Government (LG) polls in Sindh will be held on January 15 on the basis of old electoral rolls (ERs).

The three-member bench, headed by Chief Election Commissioner Sikandar Sultan Raja, announced the reserved verdict, consisting of eight pages, on the MQM application and accepted JI’s application for the conduct of polls as per schedule. The bench had heard the matter and reserved its judgement a few days back.

The bench directed Chief Secretary, IG Sindh and other law enforcement agencies to properly assist the election officials for free and fair conduct of LG elections in the province i.e. Karachi, Hyderabad and Thatta.

The MQM, through a petition had challenged the decision of the electoral body for the prospective use of two separate electoral rolls in the upcoming elections simultaneously. However, the bench rejected the impression of prospective use of two electoral rolls in the upcoming polls.

Similarly, a reference was also made to CMA No. 6762 and 2797/2020 in Civil Appeal No. 20/2014 (Administrator Municipal Corporation, Peshawar vs. Taimur Hussain Amin) passed by the august Supreme Court of Pakistan; vide judgment dated 15.03.2021, wherein apex court had said: The matter of holding local government elections lies within the domain of the Commission as per Article 219(d) of the Constitution and a province cannot dictate to the Commission, if and/or when, the same can be held. On the contrary, Article 220 of the Constitution mandates that it shall be the duty of all executive authorities in the Federation and in the provinces to assist the Commissioner and the Election Commission in the discharge of his or their functions.

“In case, the Federation and/or the province(s) create hurdles in the way of the Commission holding elections, they will be violating the Constitution, which may attract serious consequences,” the apex court said.

The ECP order said it is the constitutional obligation of the Commission to organise and conduct elections in accordance with the Constitution and law which entrust the Commission with exclusive, broad and extensive powers to fulfill its constitutional responsibilities. The Supreme Court has also held in a number of judgments that Election Commission is bound by the Constitution and law to ensure timely conduct of elections. At the same time, it is the constitutional responsibility of the provincial governments to ensure establishment of local government system in terms of Article 140(A)(1) of the Constitution.

From the perusal of the record it is revealed, the order says that this Commission has done all possible efforts for the conduct of LG elections in Sindh province but every time the hurdles have been faced by the Commission from the government of Sindh or the political parties to delay the conduct of LG elections on one or the other pretext.

The Election Commission of Pakistan has been established under the Constitution is charged with the duty of conducting elections to the office of the President, Senate of Pakistan, National Assembly, provincial assemblies, local governments and the cantonment boards. In terms of Article 140-(2) and Article 219(d) of the Constitution, the local government election in the provinces is a requirement of the Constitution. Pursuant to Article 222 of the Constitution, the Federal Legislature has enacted the ‘Elections Act, 2017’ and Section 219(4) thereof stipulates that the election to local governments shall be held within one hundred and twenty days of the expiry of term of a local government.

The bench said in the instant matter schedule for conduct of 2nd phase LG elections was announced on 29-04-2022 which is still intact and only poll date was changed due to unavoidable circumstances. However before that updation of electoral rolls is a continuous process. “We have also gone through the press release pointed out by the Counsel dated 06-10-2022 and it reveals that the periodical revision of electoral rolls is the prime duty of the Commission which was done accordingly. The electoral roll was specifically revised for the upcoming general elections for which media campaigns were carried out by the Commission for its correction. It is categorically mentioned in the last para of the press release that the conduct of LG elections in Karachi will be held on old/previous electoral rolls,” it says.

Meanwhile, the ECP has again written to the Ministry of Interior for the deployment of army personnel and the Rangers for the upcoming LG elections in Sindh. The ECP has asked for the ‘static deployment of Pakistan Army/Rangers troops outside highly sensitive polling stations along with already-approved QRF (Quick-reaction force) presence’ on the day of the polls.

It said that the request was made ‘keeping in view the sensitivity of the areas concerned and in order to prevent any untoward incidents which are apprehended due to the volatile political environment.

The letter also calls for ensuring complete security cover to the polling staff and material for the movement from returning officers’ offices to polling stations during counting at polling stations and for the journey back from the polling stations to the RO offices.