ISLAMABAD: The Election Commission of Pakistan on Monday passed an order, setting a final deadline of two weeks to the Sindh government for provision of prerequisites for the local government elections in the province.
According to the ECP order, “alternatively, the commission shall initiate the delimitation process in the province from December 1, 2021 under the applicable local government law i.e. the Sindh Local Government Act 2013 and rules framed thereunder”. The commission has also directed chalking out of delimitation plan/schedule for the constituencies for the local governments of Sindh for perusal and approval of the commission in the meantime.
The commission said in the order with concern that the term of the local governments in Sindh expired on 30.08.2020 and the commission is under constitutional and legal obligation of holding the elections within 120 days of the expiry of term of local governments.
“This commission prior to and after the expiry of the term of the local governments has been insisting the provincial government to provide maps and requisite data for delimitation,” the order noted and stated that various letters have been written and meetings held with the representatives of the provincial governments in this regard.
The order said: “Despite all best efforts of the commission, the required assistance of the provincial government still lacks and its varying stances for gaining more and more time prima facie show that the said government apparently is not serious in holding the local government elections.” The Commission said that any further delay would be in violation of Articles 140A and 219(d) of the Constitution, the Elections Act, 2017, as well as a judgment of the Supreme Court of Pakistan.
It emphasized that under the terms of Articles 7, 32 and 140A(1) of the Constitution, every province is under constitutional obligation to establish the local government system in the province and to devolve political, administrative and financial authority to the elected representatives. In terms of Article 220 of the Constitution, the federal government and the provincial governments are duty-bound to assist the chief election commissioner and the Election Commission of Pakistan in conducting the elections including local government elections and the commission cannot be dictated by any executive authority of the federation or province.
The order said there are a number of judgments of the Supreme Court that elaborate the constitutional duty of the election commission in respect of holding local government elections and that it said was held by the Supreme Court in the constitutional petition no 77 of 201O.
