ISLAMABAD: The Election Commission of Pakistan has held that the recent amendment to Section (2)15 of the Islamabad Local Government Act 2015, empowering UC secretary to be responsible for LG polls is in conflict with the Constitution and law.
“The recent amendment giving the responsibility of conducting elections to the Secretary Union Council is contrary to the Constitution and law and the Election Commission cannot be bound to make the responsibility of Secretary Union Council for the local government elections,” says the ECP order. The Election Commission emphasized that the UC Secretary also does not meet the definition of a ‘government officer’, therefore, he cannot be appointed as the presiding officer. It was underlined in the order that the election process will be conducted through those officers who will be appointed by the Election Commission through notification.
The electoral body had held hearing in connection with the holding of local government elections in the Federal Capital a few days back and reserved its verdict, which was issued late on Monday night. In its order, the commission has also announced the immediate holding of local government elections in the federal capital. The commission has noted in its order that in exercise of its powers under Article 218(3) of the Constitution in particular, and Articles 140-A, 220, 219 and 222 and Sections 50, 219 and 224 of the Elections Act, 2017, it declares that the recent amendment made to Section (2)15 of the Local Government Act is inconsistent with the Constitution and law.
“Therefore, under the relevant provisions of the Elections Act, 2017 and the Local Government Act, 2015, the commission has the power to appoint DROs, ROs and AROs who can appoint its officers, officers and officials of the judiciary or administration as returning officers and election staff,” the order reads.
