Election Commission reserves decision on KP local government polls

The Election Commission of Pakistan (ECP) has reserved its decision on whether to hold local government elections in Khyber Pakhtunkhwa. A five-member bench headed by Chief Election Commissioner Sikandar Sultan Raja heard the case and said a detailed decision would be issued later.

Special Secretary Zafar Iqbal told the bench that delimitation of constituencies has been completed in 23 districts of the province, where the commission can order local elections. He proposed that a delimitation schedule be issued for the remaining 16 districts, and that a decision to hold polls be taken where delimitation is done. According to Daily Pakistan, the commission had directed the provincial government on 19 September to legislate, but that process has still not been completed.

The Chief Election Commissioner said the Khyber Pakhtunkhwa Assembly amended the law and raised the population limit for constituencies, which complicated delimitation. He asked whether the population limit should be reduced or union council boundaries changed. He also asked why an emergency should obstruct elections, noting that polls have been held elsewhere during wars and emergencies.

Provincial law adviser Amir Javed said the law and order situation is the main obstacle to holding elections and that an emergency is in force across the province. He said that in 12 of the province's 36 districts, Article 140A of the Constitution cannot be applied and the local government system is not applicable. Of those 12, delimitation has not been done in six, while in 16 of the other 24 districts it is complete, he said.

Mr Javed said the provincial assembly amended the law through a private bill, creating ambiguity in the existing law. According to him, the provincial government can no longer amend the law further, and every amendment must be sent to the National Assembly.

Special Secretary Arshad Khan said that where an emergency is in force there is a law and order problem, and asked how people would come to vote and how the security of polling staff would be ensured. The Chief Election Commissioner said that if the legal requirements on the number of union councils and the population limit cannot both be met, the question is what the commission can do. The special secretary said the commission has the authority to resolve the issue, and the Chief Election Commissioner agreed that it can.

Sikandar Sultan Raja said the provincial government and the present political system are not interested in holding elections, and that the public believes the commission does not want them although political parties do not. He said the federal government in Islamabad also did not want local polls, but the commission announced elections there. If the National Assembly amends the law again, he said, the commission will look at that too. Secretary Omar Hamid said the commission cannot be stopped from doing its work.