A painful retraction

LAHORE - In what could be described a painful retraction from its earlier stance, the Punjab government on Thursday conceded its mistakes, though indirectly, by further amending Punjab Local Government Ordinance, 2001 to make it compatible with the 18th Amendment. Through an amendment in the said ordinance, the Punjab government had earlier assumed powers of the Election Commission of Pakistan to conduct local elections by setting up Punjab Election Authority for the purpose. Besides the Opposition in Punjab Assembly, the PPP, a coalition partner in Punjab, had also expressed its reservation about conducting local polls by the provincial government. However, PPP did not oppose the legislation at that time in line with its policy of reconciliation, and the amendment was passed by the assembly amid protest by the Opposition. After passage of the 18th amendment, however, the power to hold local elections in provinces was again entrusted back to the Election Commission of Pakistan, as all political parties in the Parliament reached the conclusion that provincial govts might not be able to ensure transparency in the election process. Now, in the light of federal legislation, Punjab govt had to further amend the local govt ordinance to bring its relevant provisions in conformity with Article 140-A of the Constitution, according to which holding of local polls falls under the purview of the Election Commission. Through another amendment in the same ordinance, the Punjab Government had to eat its words by giving yet another timeline of 365 days to notify the date of elections. After the 18th Amendment, it had been a consistent stance of the Punjab government that Election Commission of Pakistan, and not Punjab govt, would give the date for holding the local elections. Earlier, through an amendment in Section 179-A of local government ordinance in March this year, the government had declared that it would give a date for local polls within 160 days of the enforcement of Punjab Local Government (Amendment) Act, 2010. This deadline expired in August this year, but the government did not announce any date on the plea that after the 18th Amendment, it was now the responsibility of Election Commission of Pakistan to give a date for holding of local elections. Punjab Law Minister Rana Sana Ullah is on record having said this on more then one occasion. Now, the law minister has negated his own stand on the issue by giving another timeline for local elections. Rana Sana Ullah was visibly uncomfortable in the House on Thursday when opposition members, Samia Amjad and Seemal Kamran reminded him that had he listened to their piece of advice at the time of earlier legislation on the subject, the government would not have to retract from its previous stance. The new amendment in Section 179-A of the ordinance reads: As soon as may be but not later than three hundred and sixty five days, the Govt shall notify a date for holding of the elections of the local govts to the EC. Through this legislation, the Punjab government has conceded the fact that it is the government and not the EC which notifies the date for elections. This is in contravention to its earlier stance that EC would announce the date. After Punjab Assemblys legislation on the subject, the government has also got the legal cover to delay local polls for one year.

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