PESHAWAR: The Khyber Pakhtunkhwa government has set up a high level committee to present its recommendations on the proposed amendments to the local government Act mainly regarding holding local bodies’ elections in two phases and abolishing the condition of establishing a housing society at not less than 160-kanal land, according to sources.

The high level committee of ministers and senior bureaucrats has been set up in the light of the provincial cabinet’s decision made in its meeting on November 27. Several amendments to KP Local Government Act, 2013 were presented for approval in the meeting.

The provincial government has decided to hold local bodies’ elections in two phases. In the first phase, elections will be held for village and neighbourhood councils while in the second phase polls will be for tehsil councils. Dates for both the elections have not fixed so far.

The provincial establishment and administration department notified the committee a few days ago with minister for local government as its chairman. Other members of the committee are ministers for law and finance departments, additional chief secretary of planning and development, advocate general of Khyber Pakhtunkhwa and the secretaries of law and local government departments.

Minister to chair maiden meeting of committee on 23rd for holding local bodies’ elections in two phases

“In pursuance of cabinet decision dated 27-11-2020 the committee is hereby notified to examine the proposed amendments to the local government Act and present its recommendations before the cabinet in its next meeting,” reads the notification.

The proposed amendment includes insertion of new section 79 (1A) in the local government law. The proposed section provides: “Notwithstanding anything contained in sub-section (1) if government decides that the elections shall be held separately for village and neighbourhood councils and for the chairman of tehsil local government, it may request the election commission to hold elections in two phases and the election commission shall hold the elections accordingly.”

The second major amendment has been proposed in section 2, clause (V-I) which states: “For the words and figures measuring not less than one hundred and sixty (160) kanals ‘the words in different categories as prescribed in rules’ shall be substituted.”

According to official documents, under the original section 2 (V-I) private housing schemes couldn’t be developed on the land less than 160-kanal. The removal of the 160-kanal restriction is meant to encourage small scale investors, provide flexibility and categorisation of land for housing schemes, clear large scale pendency of approvals, facilitate construction industry etc.

Minister for Local Government Akbar Ayub Khan, who is chairman of the committee, has convened the first meeting of the committee on December 23, according to sources.

However, sources in Election Commission of Pakistan told Dawn that it was unprecedented to hold local bodies’ elections in the province in two phases. They said that holding of separate elections would double the expenditure and human efforts required for the exercise.

It is pertinent to mention here that under the KP Local Government Act, 2013, elections for village and neighbourhood elections would be held on non-party basis while polls for tehsil council would be held on party basis.

The ECP sources termed holding of separate elections strange, saying the provincial government would multiply the election expenditure instead of minimising it like rest of the world.

Officials said that elections could be held in phases in terms of districts and divisions while it should not be in categories and it did not seem a wise idea. They said that each and everything would get double if the government decided to hold separate elections. It would be two-time elections which had never held in the recent history, they added.

The provincial government has failed to conduct local bodies’ elections despite the expiry of the last elected local bodies’ tenure on August 28, 2019. According to Election Act, 2017, it is mandatory for ECP to hold fresh local bodies’ elections within 120 days after the expiry of the last elected local bodies’ tenure.

Published in Dawn, December 21st, 2020