ISLAMABAD: Pointing out the non-serious approach of the government in holding local government (LG) elections in Islamabad, the Election Commission of Pakistan (ECP) on Monday stated that if required data and notifications are not provided to the commission within 10 days for delimitation of new union councils (UCs), the commission shall initiate the delimitation process on already notified UCs.

The local government term in Islamabad expired in February this year and ECP was supposed to hold new elections within 120 days. The process of delimitation began but was halted in July, when the Interior Ministry withdrew its notification regarding union councils.

The ministry in August said in view of an increase in population after census results, the government intends to increase the number of UCs in ICT and spade work is under way to enact the new Local Government Act. However, sources said the PTI is yet to get the Act passed from Parliament. In the last elections, Islamabad had 50 UCs and the government wants to increase this number to 100.

On Nov 2, Planning Minister Asad Umar, while chairing a meeting had directed the department concerned to expedite work on the draft Act for holding elections in Islamabad.

Wants required data, notifications within 10 days otherwise delimitation process to be started on previously notified UCs

“This Commission therefore, under the command of Constitution and law, directs the interior secretary to provide the necessary legislation/enactment and the Chief Commissioner, Islamabad to provide the requisite data/notifications to the commission within 10 days positively.

Alternatively, the commission shall initiate the delimitation process on the already determined/notified 50 Union Councils (Urban 27, Rural 23) in the ICT with effect from Nov 25 under the Islamabad Capital Territory Local Government Act, 2015 and Rules framed there under.

In the meanwhile, the office concerned shall chalk out delimitation plan/schedule for the constituencies of ICT for perusal and approval of the Commission,” as per the judgment authored by ECP members Nisar Ahmed Durrani and Shah Mohammad Jatoi.

Furthermore, the judgement stated that during hearing of a case regarding the elections, the Supreme Court was told that federal government will fully cooperate in the holding of local government elections in Islamabad.

The commission members stated in the judgement that during hearing of the matter on March 15, 2021, the attorney general of Pakistan had stated before the august Supreme Court that the federal government shall fully cooperate in the holding of local government elections in the ICT.

“Despite all best efforts of the commission and clear statement of the learned attorney general before the august Supreme Court, the required assistance of the federal government still lacks and the federal government’s varying stances for gaining more and more time prima facie show that the said government is not serious in holding the local government elections,” read the judgement.

It added that since the government’s term expired in February, further delay of elections would be in violation of Articles 140A and 219 D of the Constitution of Pakistan, the Elections Act 2017 and the above mentioned judgement of the august Supreme Court. In terms of Articles 7, 32 and 140A (1) of the Constitution, every province is under constitutional obligation to establish a local government system in the province and to devolve political, administrative and financial authority to elected representatives.

The judgment highlighted that in terms of Article 220 of the constitution, the federal and provincial governments are duty-bound to assist the chief election commissioner and ECP in conducting elections including local government elections and the commission cannot be dictated by any executive authority of the federation or provinces.

The first ever local government elections in Islamabad were held in November 2015, which were clinched by the then ruling party PML-N with majority. However, the PML-N did not pay heed towards Metropolitan Corporation Islamabad (MCI) and their political rival PTI after winning elections also followed the PML-N approach and failed to provide a financial package to MCI, resulting in the corporation not being able to deliver. Now, the ruling party claims that it will form a powerful local government system.

Published in Dawn, November 16th, 2021