ISLAMABAD: While the printing of ballot papers for the upcoming local government elections in the federal capital is set to begin next week, there is utter confusion over the legality of the polls, scheduled for July 25.

Mainstream political parties have rejected the polling schedule announced by the Election Commission of Pakistan (ECP) in the absence of a local government law.

Meanwhile, a privilege motion moved by PPP Senator Saeed Ghani against the ECP’s move, largely seen by lawmakers as illegal, is pending before the Senate Standing Committee on Rules and Administration, that has only recently elected a new chairman.

The ECP, on the directions of the apex court, had announced the schedule for LG polls in Islamabad in anticipation of legislation. The Islamabad Capital Territory Local Government Bill which was passed by the national assembly is still pending before the Senate. The Senate is scheduled to meet on July 6, for the first time since the Senate Standing Committee on Interior consensually recommended party-based polls in Islamabad.

The ECP has already filed an application with the Supreme Court seeking directions for the government to immediately enact a local government law.

In the light of a 250-page report of the interior committee, it is expected that the upper house would propose some key amendments to the bill.

A senior ECP official told Dawn that according to the schedule announced by the Commission, the final list of the candidates is to be published on July 6, the day of the senate session. And immediately after the publication of the final list of candidates, the printing of four million ballot papers would start, in accordance with procedure, the official said

The official said that any amendments to the law at this stage will delay polling and any significant amendment, such as having party based elections will require endorsement by the National Assembly.

He said any amendments in the LG law approved by the Senate may delay the electoral exercise. He said any significant amendment including the one to provide for party based polls would require endorsement of the National Assembly. He said even if it was done, fresh nomination papers will have to be received. He said fresh nomination papers will also have to be printed in such a scenario which would require some time.

The ruling PML-N is likely to face strong opposition in the Senate if it insists on party-less polls as mainstream political parties on other side of the aisle including PPP and PTI are to support party-based elections.

The PPP has been questioning the legal status of delimitation, appointment of district returning officer, returning officers and assistant returning officers in the absence of a law. Lawmakers from the party observed that the term ‘elections’ does not mean only polling day, but covers the process that is initiated with the announcement of the schedule for elections and culminates with the announcement of official results.

They believe that even if the law is passed before the LG polls, the schedule announced by the ECP and other steps taken in this regard would remain illegal.

The state of uncertainty is confusing not only for the candidates who appear to be campaigning half-heatedly, but also for the ECP.

Starting printing of four million ballot papers in the given situation would also be a dilemma for the ECP as the passage of a new law providing for party-based polls would not only warrant re-printing of the same, but initiation of the whole process of elections afresh.

PPP’s Farhatullah Babar said the government can end the state of uncertainty by ensuring approval of the amendments in the bill introduced by the Senate in the national assembly where it enjoys majority. “It can be done in a single day if the government is sincere”, he remarked.

He said the demand for party-based local government elections in the Federal Capital was consistent with constitution, law and democratic practice. “If the elections to the Senate and the national assembly are party based and the LG polls in most parts of the country were also party-based, why it cannot be done in Islamabad”, he questioned.

He said pledge to hold party based local government elections was part of manifestoes of various political parties and also referred to a judgment of Lahore High Court on party-based elections.

Published in Dawn, July 3rd, 2015

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