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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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May 9 arsonists also attacked police on March 8 outside Zaman Park: Mohsin Naqvi

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  • Naqvi says “propaganda” being done on arrest of female PTI workers.
  • Caretaker CM says 2-year-old videos were shared on social media.
  • Punjab IG says police ready to appear before the judicial commission. 

LAHORE: Caretaker Punjab Chief Minister Mohsin Naqvi on Tuesday shared that those who attacked the police in Zaman Park on March 8 were also involved in the rioting that took place on May 9 after Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s arrest.

On March 8, the PTI chief planned to launch a rally in Lahore but things turned sour when the interim government-imposed Section 144 within the provincial capital. Following this, there was a clash between the police and PTI workers.

However, today CM Naqvi said that the same people that had clashed with the police on March 8 were also involved in the May 9 rioting.

On the “propaganda” being done regarding the arrest of female PTI workers, the caretaker chief executive claimed that 2-year-old videos were being shared on social media.

He also said that 32 women were arrested related to the attack on military installations in Punjab. However, 21 of those have already been released while only 11 are on judicial remand.

CM Naqvi added that nearly 500 women were involved in the May 9 incidents but the interim government avoided their arrest.

Meanwhile, Inspector General of Punjab (IGP) Police Dr Usman Anwar, while clearing the air on the arrest of female PTI workers, said that the police have videos of people getting arrested on the spot.

He further added that those involved in the May 9 mayhem uploaded videos themselves.

“Various agencies verified with their own camera system. These lists [of people involved] are complete, and action is being taken,” the police chief said. 

He also slammed the PTI for claiming he had sent his men to torch the important installations. “Whoever wants to form a judicial commission can form it we are ready to go before any judicial commission.” 

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PTI’s Shehryar Afridi re-arrested upon release from Adiala jail

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  • “Afridi was released on completion of his ‘house arrest’ period.”
  • Police officials take the PTI leader to an undisclosed location.
  • Shehryar Afridi along with his wife was picked up on May 16. 

Amid the ongoing crackdown against the Pakistan Tehreek-e-Insaf (PTI) in connection with the May 9 attacks on the civil and military installations, the party’s leader and former state minister Shehryar Afridi was re-arrested shortly after being released from Rawalpindi’s Adiala jail on Tuesday.

Afridi along with his wife was picked up on May 16 from his residence in Islamabad under Section 3 of Maintenance of Public Order (MPO) Ordinance 1960, which enables the government to arrest persons “acting in any manner prejudicial to public safety”. His wife, however, was released later on the orders of the Islamabad High Court (IHC).

Soon after his release from the jail, police officials again took him into custody and transported him to an undisclosed location.

According to the jail administration, Afridi was released on completion of his “house arrest” period under the MPO.

It is pertinent to mention here that the Rawalpindi deputy commissioner has extended Afridi’s house arrest under MPO for another 15 days.

The duo was apprehended after violent protests, triggered by the arrest of PTI chairman Imran Khan from the IHC in the Al-Qadir Trust case, erupted almost across the country.

During the days-long protests, which ended only after Khan’s release, enraged PTI workers allegedly attacked private and public properties, including military installations — the Lahore Corps Commander’s House or Jinnah House and the General Headquarters (GHQ) entrance. At least eight people lost their lives during the violent protests.

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ATC declares Zaman Park search warrant ‘ineffective’

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  • One-time search warrants are not for forever, judge says.
  • PTI chief Khan had moved ATC against search warrants.
  • He claimed LEAs secured warrants with “malicious intent”.

LAHORE: An anti-terrorism court (ATC) in Lahore Tuesday declared a police search warrant for Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s Zaman Park residence “ineffective”.

ATC Judge Abhar Gul Khan, while announcing the reserved verdict on the PTI chief’s plea, said one-time search warrants are not for forever.

The PTI chief had moved the court three days back against the search warrants, naming the state, commissioner of Lahore, DIG operations Lahore, SSP operations Lahore, and others as respondents.

In the plea, the PTI chief claimed that law enforcement personnel secured the warrants with “malicious intent”.

“It is most respectfully prayed that the search warrant relating to petitioner’s house situated at Zaman Park, Lahore may kindly be set-aside /cancelled/recalled being illegal, unlawful, inappropriate which lacks the requisite legal parameters for a valid warrant in the interest of justice and fair play,” he said in the plea.

Urging the court to take strict action against the respondents, Khan asked the court to deal with them severely for “their unlawful and illegal misuse of authority under the pretext of the search warrant”.

The authorities had secured the search warrants claiming that they wanted to arrest the “terrorists” present inside the PTI chief’s residence. However, when they arrived there on May 19, Khan refused to allow a search operation at his residence.

The hearing

At the outset of the hearing, the judge asked the commissioner what was the reason behind the law enforcers’ action at Zaman Park. The commissioner said his men went here to remove encroachments.

But, he noted, they had not followed up on the search warrants so far.

The judge asked the investigating officer whether he still needed the search warrants. At this, he said that he would respond to the court’s question after consulting his colleagues.

The court, after hearing arguments, had reserved the verdict.

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