EDITORIAL: Frustrated with the provincial and federal governments’ foot-dragging over the local governments (LGs) elections, the Election Commission of Pakistan (ECP) has decided to exercise its authority to have them meet their constitutional obligations. In an order issued on Monday noting that the term of LGs in Sindh expired on August 30, 2020, the ECP called for holding of the LG polls within 120 days of the expiry of their tenure, adding that any further delay would be a violation of the Constitution and the Elections Act, 2017. The Sindh government has been given two weeks’ time to fulfil prerequisites for the elections failing which the Commission would initiate delimitation process in the province with effect from December 1 under the Sindh Local Government Act, 2013, and rules framed thereunder. The same day, the electoral body issued a similar order to authorities in Islamabad Capital Territory where the LGs’ term expired last February. The interior secretary has been directed to provide the necessary legislation and the Chief Commissioner of Islamabad to come up with requisite date/notifications to the commission within 10 days with the warning that in the event of non-compliance, it would initiate the delimitation process on the already determined/notified 50 union councils (the government wants to increase this number to 100) with effect from November 25. Other provinces have already been given timelines for LG polls.
Good sense suggests that elected governments should be enthusiastic about devolving power to the grass roots so local issues could be resolved locally. Unfortunately, the idea never sat well with them. Soon after the exit of the Musharraf government which had introduced the LG system, all provinces dismissed the LGs and continued to delay fresh elections. It took several directives by the Supreme Court for the elections to be held. But the related laws were drastically revised making this third tier of government virtually incapable of doing the work meant for it. Prime minister Imran Khan has been a steadfast advocate of devolution of power. Indeed, the PTI government in Khyber Pakhtunkhwa did give substantial powers to local bodies, but under his party’s rule Punjab brought itself into disrepute when the LGs in the province were dissolved halfway through their term and their functions assigned to commissioners in nine divisional headquarters. Once again, it took the intervention of the apex court to restore these bodies till December 31 of this year to be followed by fresh elections. Why political governments are so averse to delegation of power to this echelon of governance is not difficult to figure out. One reason is that members of the National and provincial assemblies do not like the development funds slip out of their hands. The other is that leaders of almost all parties cannot think of governance without complete centralisation of authority.
Even when LGs are reinstated as per the ECP and SC orders, they will not serve the purpose unless the relevant laws are changed, too. In that respect only the provincial governments have jurisdiction to legislate. But as amply demonstrated by them if they had their way they would get rid of the LGs. Things still must change for the better. Towards that end, civil society can, and should, play an effective role.
Copyright Business Recorder, 2021
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