ECP proposes amendment to Article 140A to ensure timely LG polls

ISLAMABAD: The Election Commission of Pakistan on Tuesday proposed amendment to Article 140A to ensure holding of the local government elections on time.

Under this article, provincial governments have the authority to amend local government laws as they wish, which leads to delay in holding local government elections.

The proposal was aired by the Election Commission Secretary, Omar Hamid Khan, during his meeting with the delegation of Jamaat-e-Islami, which was visited the ECP Secretariat here, led by Liaquat Baloch. The visitors were briefed on their request regarding the Electronic Voting Machine (EVM), Biometric Verification Machine (BVM), Proportional Representation System in elections and delay in local government elections in Punjab province and the Federal Capital Territory of Islamabad.

According to the ECP spokesman, the secretary Election Commission told the delegation that an amendment to Article 140A is inevitable if political parties want to hold local government elections on time.

The delegation was also briefed on the legal aspects related to the use of (EVM) and (BVM) and was informed about the steps taken by the Election Commission. They were also told that the Election Commission is not against the use of technology in elections. However, it was emphasized that consensus and oversight of all stakeholders is necessary before using technology. Moreover, high-level testing is required before using technology on a full scale; similarly, the technology should be such that it is user-friendly and trusted by all political parties.

While briefing the delegation on proportional representation, it was informed that the responsibility of the Election Commission is to conduct elections in accordance with the constitution and law. Changing the electoral system is the prerogative of the parliament, so if the electoral system is changed in the constitution or law, the Election Commission will conduct elections accordingly.

In addition, on the date of local government elections in Punjab and Islamabad, the delegation was informed that no government is ready to conduct local government elections. After much effort, the delegation was told that the Election Commission has succeeded in conducting elections in Khyber Pakhtunkhwa, Sindh, Balochistan (except Quetta) and cantonments. So far, the case of Quetta district is pending in the Balochistan High Court and the Election Commission has been bound under Section 219 of the Elections Act 2017 to conduct elections under the prevailing local government laws. Therefore, if any government changes the local government law, the Election Commission is bound to implement it. The delay of holding local government elections in Islamabad and Punjab is due to the fact that previous governments have amended the local government laws several times.

The delegation was told that whenever the Election Commission completes the delimitation, and when it is ready for the elections, the local government laws are changed. Moreover, the Election Commission has so far conducted delimitation in Punjab four times. Similarly, the Election Commission has conducted delimitation five times for the local government elections in Islamabad so far. The election schedule was also given, but due to amendments in the election laws, the elections could not be held.

The election programme for the Punjab elections was announced in April 2022. At which the Multan Bench of the Lahore High Court stayed the case and the case is still under hearing. It was pointed out that the provincial government is now preparing new legislation. And due to the delay in the elections, this case is scheduled for hearing in the Election Commission on May 29, 2025. The delegation was told that the the Supreme Court is also hearing this case on June 2 and the Election Commission is of the view that the legislative process is not completed until the election programme is announced. So the Election Commission will ensure the immediate holding of elections in Islamabad.