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ECP suggests key amendments to ensure timely LG polls

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  • ECP wants federal and provincial govts to pass legislation well before local govt’s term expires. 
  • Proposes binding respective governments to enact amendments to LG laws well in time.
  • One of proposed amendments envisages that “commission may, by order in official gazette”.

ISLAMABAD: The Election Commission of Pakistan (ECP) has proposed key amendments to the legal framework to prevent any delay in the holding of timely grass-roots level polls, which will put an end to the governments’ hesitation in conducting local elections.

The 14-page order issued by the electoral body on the postponement of LG polls in the federal capital made a passing reference to these amendments. However, the proposed amendments were thrashed out by its law wing.

The election commission wants federal and provincial governments to pass legislation well before a local government’s term expires so that the subsequent electoral process is not hampered.

As per the draft proposal, an amendment has been proposed to Section 219 of the Elections Act, 2017, to bind the respective governments to enact amendments to the local government laws and administrative units well in time.

The proposed amendment to the section says, “The federal government, or as the case may be, the provincial government shall make necessary arrangements, including amendments to the existing local government laws and rules, and change or alteration in the administrative limits of districts, tehsils, and local areas, before the expiry of the term of local government.”

Likewise, proposed provisos read that the federal government, or as the case may be, the provincial government, shall not alter the administrative limits of districts, tehsils, and urban and rural local areas after the expiry of the term of the local government.

“Provided that, in case the existing local government system is required to be replaced completely with the new local government system or substantially altered during its currency by any government, then such enactment shall be made by an act of Majlis-e-Shoora (Parliament) or the Provincial Assembly, as the case may be, at least one year before the expiry of the local government province, cantonment, Islamabad Capital Territory, Federally Administered Tribal Areas, or a part thereof.”

One of the proposed amendments envisages that “the commission may, by order in the official gazette, make provisions for the conduct of local government elections if no provision or insufficient provision has been made under this act or the rules.”

The commission justifies the proposed changes by explaining that Article 32 of the Constitution provides that the state shall encourage local government institutions to be composed of elected representatives of the areas concerned, and in such institutions, the special representation will be given to peasants, workers, and women. The draft also says Article 140-A (1) provides that each province shall by law establish a local government system and devolve political, administrative, and financial responsibility and authority to the elected representative of the local governments. The conduct of local government elections is addressed in Chapter XIII of the Elections Act of 2017.

Therefore, the election commission, under Article 140-A(2) read with Article 219(d) of the Constitution, is under obligation to hold local government elections. Article 218(3) of the Constitution casts a duty upon the commission to organise and conduct elections and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly, and by the law and that corrupt practices are guarded against.

“The commission has always strived to hold timely local government elections in order to fulfil its constitutional obligation, but the federal and provincial governments repeal or amend local government laws even after the expiry of the term of the local government, causing an inordinate delay in the conduct of the election and the commission faces difficulty in fulfilling its constitutional duty.” “It is now established that local government is the third tier of the state, and delay in the election of local government offends Article 32, 140-A(1), and 219(d) of the Constitution and also hampers the devolution of powers at the grass-roots level,” the document says.

Similarly, the election commission has also proposed an amendment to Article 140-A of the Constitution, and it seeks to add sub-clause 3 to Article 140-A, providing the same changes as in Section 219 of the Elections Act, whereas Section 219 of the act in its present form reads: “The Commission shall conduct elections to the local governments under the applicable local government law and the rules framed thereunder, as may apply to a province, cantonments, Islamabad Capital Territory, or federally administered tribal areas.

“Notwithstanding anything contained in sub-section (1), the voting procedure for direct elections to the local governments in a province, cantonments, Islamabad Capital Territory, or federally administered tribal areas shall be the same as provided for an election to the assemblies under this act. “Subject to subsection (4), the Commission shall, in consultation with the federal or provincial government, announce the date or dates on which the elections to a local government shall be conducted in a province, cantonment, Islamabad Capital Territory, federally administered tribal areas, or a part thereof. “The Commission shall hold elections to the local governments within one hundred and twenty days of the expiry of the terms of the local governments of a province, cantonment, Islamabad Capital Territory, or federally administered tribal areas.

“The Commission shall organise and conduct elections under this Chapter and shall make such arrangements as are necessary to ensure that the elections are conducted honestly, justly, fairly, and by the law and that corrupt practices are guarded against. “The Commission may, by order in the official gazette, make provisions for the conduct of local government elections if no provision or insufficient provision has been made under this Act or the Rules.

“Article 140-A (1) of the Constitution states that each province is bound to establish a local government system and devolve political, administrative, and financial responsibility and authority to the elected representatives of the local governments by law, and Article 140-A (2) reads, “Elections to the local governments shall be held by the Election Commission of Pakistan.”

It remains to be seen how governments will react to this proposed document and what shape it will take if and when it is taken up for deliberation. It is anticipated that the federal and provincial governments may view this draft differently.

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Imran Khan’s aide kickstarts PTI funding campaign in Europe

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LONDON: Pakistan Tehreek-e-Insaf (PTI) leader Zulfi Bukhari has kickstarted a mass mobilisation and fundraising campaign for the party in the United Kingdom and Europe.

Addressing a workers’ convention in High Wycombe in London along with Sahibzada Jahangir, one of the founders of PTI, Zulfi said that the mass mobilisation and fundraising has been started for the elections scheduled for February next year.

“We will take part in elections at any cost. We need funds and effort from the overseas regions. The party needs funds for its legal challenges as well for the election campaign,” he said.

Zulfi said the entire leadership is prepared for the elections and will not be deterred by the arrest threats.

The former cabinet member said he will be going to Pakistan himself as soon as the party leadership directs him, adding that he was prepared to go to jail.

However, it is unlikely that Zulfi will be travelling to Pakistan anytime soon as the caretaker govt has requested Interpol for his arrest. He was in Dubai when the Interpol request was made, he left UAE and since then has not travelled outside London.

Zulfi said he will be personally visiting cities in the United Kingdom and Europe to raise funds.

The PTI leader revealed that the campaign in the UK is scheduled to start shortly and arrangements are in place. He said the PTI Core Committee was meeting daily to discuss affairs of the party to formulate strategies on a daily basis.

Zulfi Bukhari has so far stayed away from PTI UK events but his decision to take part in mobilisation suggests he has been asked by the leadership in Pakistan to engage with the local chapter.

Two weeks ago, he told an audience at the University of London that making Usman Buzdar Punjab’s chief minister was a mistake but Imran Khan did the right thing by not sacking him.

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Bannu Cantonment Board CEO Bilal Pasha ‘commits suicide’

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  • Police say Bilal Pasha was suffering from mental stress.
  • Police say they found his body at his residence. 
  • Inquiry launched into incident to find cause of death. 

BANNU: Bannu Cantonment Board chief executive officer Bilal Pasha has allegedly committed suicide by shooting himself, the police said on Tuesday. 

According to Deputy Superintendent of Police (DSP) Cantt Azmat Khan, Pasha was suffering from mental stress for several days which led to his suicide. 

The police said that they found Pasha’s body covered in blood inside his residence where he shot himself. They added that his body had been moved to the District Headquarters Hospital, Bannu.

According to a media report, the police have launched an inquiry into the incident to find whether Pasha committed suicide or was murdered. They also said that he had a bullet wound in his head. 

Following the funeral prayers, which were held at the premises of the cantonment board, the body was sent to Pasha’s hometown Khanewal for burial. 

The news of Pasha’s death, who was a distinguished CSS officer, spread across social media which left everyone in shock. Several reports had also claimed that the CEO had died of a cardiac arrest.  

People across social media demanded an investigation into the matter, saying that the police should find out whether it was a suicide or someone murdered him. 

Bilal belonged to Punjab and began his primary education in a mosque-established school. He then studied at Emerson College Multan and graduated in Agriculture from the University of Faisalabad. 

He also secured 47th rank in the CSS examination. 

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Arrest Marriyum Aurangzeb and present in court on Dec 9: Lahore ATC

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  • ATC Judge Abher Gul Khan directs SHO to execute orders. 
  • Arrest orders issued for non-appearance in court. 
  • Aurangzeb accused of making hate speech against Imran Khan. 

LAHORE: An Anti-Terrorism Court (ATC) in Lahore on Monday directed the police to arrest Pakistan Muslim League-Nawaz (PML-N) leader Marriyum Aurangzeb in a hate speech case and produce her in court on December 9.

The orders were issued by ATC Judge Abher Gul Khan who directed the station house officer (SHO) concerned to execute the arrest warrants of Aurangzeb.  

The non-bailable arrest warrant was issued against the former information minister for not appearing before the court.

A terrorism case has been registered against Aurangzeb, Mian Javed Latif, state-run Pakistan Television’s Managing Director Sohail Khan and others for allegedly trying to incite hatred by using the religion card against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan.

Latif and Aurangzeb were accused of making controversial remarks at the behest of their party leadership in order to spread religious hatred against the former prime minister.

In the previous hearing, the ATC judge cancelled the non-bailable arrest warrant against Latif after he appeared before the court.

Advocate Farhad Ali Shah representing Javed Latif and Marriyum Aurangzeb appeared before the court.

During the hearing, Judge Khan inquired about the whereabouts of the PML-N leaders and was informed that Latif had appeared while Aurangzeb had not.

Consequently, the judge issued a non-bailable arrest warrant for the former information minister and directed all suspects named in the case to appear before the court on December 9.

The issuance of the warrant came after the political leaders’ initial failure to appear in court. The judge set December 9 as the deadline for the prosecution to respond to the former information minister’s application seeking acquittal.

In her plea, Aurangzeb asserted that she played no role in the alleged incitement through her speeches in talk shows. She distanced herself from any claims made against her during these shows emphasising her innocence and requesting acquittal.

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