- Aftab Shaikh says government has yielded to PPP’s demand of party-based polls in federal capital
- PTI’s Asad Umar says party planning to move court against ‘impotent LG system’
The Pakistan Muslim League-Nawaz (PML-N) government has finally yielded to a longstanding demand from the opposition parties to hold local government elections on party basis in the federal capital and the National Assembly would meet on July 27 to pass amended Islamabad Capital Territory Local Government Bill 2015 with a unanimous vote, Pakistan Today has learnt reliably.
Well placed sources in the opposition and the federal government, on anonymity, told this scribe that the agreement was a result of backchannel efforts between the opposition and the treasury benches and pressure from the Supreme Court of Pakistan for an early election of the local bodies in the federal capital.
However, Pakistan Tehreek-e-Insaf (PTI) has rejected the bill, terming it as inadequate, as it is in violation of the spirit of the devolution of powers from federal government to the grassroots level.
“You are right in your analysis. This bill is good for nothing as it employs impotent and weaker local body institutions. We will resist the passage of the bill in the National Assembly. But even if the assembly passes it, we will move court,” PTI leader and MNA from NA-48, Islamabad, Asad Umar told Pakistan Today.
He said that he had introduced his own bill which was not admitted by the National Assembly Secretariat. “Later, I produced my proposed bill to Zahid Hamid but to no avail,” the PTI leader said. He said that the local government institutions would be meaningless if all powers would rest with the Capital Development Authority (CDA) which would call all shots in Master Development Plan.
“It is inadequate legislation which is in violation of Article 140-A of the Constitution. It lacks financial, political and administrative devolution of powers to the grassroots level. If our amendments are not admitted, we will move court against this bill,” he added.
Initially, the PML-N had got passed Islamabad Capital Territory Local Government Bill 2015 which suggested the holding of the local government polls on non-party basis. However, the opposition benches, led by Pakistan People’s Party (PPP), boycotted the proceedings of the National Assembly. Hence the government got the bill passed from the National Assembly.
However, the opposition turned the tide on PML-N in the Senate where the opposition has majority of votes. Later, the Senate passed the amended Islamabad Capital Territory Local Government Bill 2015 by majority on July 9, envisaging conduct of the local government election on party basis.
When contacted, Minister ff State for Parliamentary Affairs Aftab Shaikh confirmed Pakistan Today that the government had decided to get the local government bill passed as amended by the Senate.
Asked if the government had agreed to the opposition parties’ demand of holding the polls in the federal capital on party basis, Shaikh said that the government had finally agreed.
When asked whether the government was planning to hold a joint sitting of the Parliament to review the amendments in the bill from the opposition benches, Shaikh said that there was no need to summon a joint session as the government was in no mood to delay the polls.
“We will put the bill on priority number one on the order of the day of the National Assembly on July 27. We will get the bill passed which would later be sent to the president for ascent. After the ascent by the president, the bill would become an act of law, paving the way for holding polls on party basis,” he added.
IS LG SYSTEM GOOD FOR NOTHING?
An analysis of the bill passed by the Senate reveals that the local body system introduced in the federal capital would have “toothless institutions” as all development projects would be handled by the CDA which is run under the direct control of federal government.
Under rules for CDA, the Interior Ministry runs the show and the federal government have all powers via-a-vis development in the capital city.
The proposed draft says that there would a Mayor and a Deputy Mayor for the Metropolitan Corporation who would be elected under Section 11.
Moreover, the local governments would have to work within the existing framework. The local governments established under the act shall faithfully observe all laws applicable in Islamabad capital
Territory and in the performance of their functions, the local governments would not have powers to impede or prejudice the exercise of the executive authority of the federal government or any office performing functions of the provincial government in the Islamabad Capital Territory.
The development, planning and overall maintenance of the Master plan within the specified area of ICT will continue to vest with CDA and thus the overall Master Plan shall apply and no action by any authority, body or corporation would be initiated in violation of the CDA Ordinance, 1960 and the Zoning regulations duly approved by the government.
“All powers to be exercised and rules to be enforced shall be subject to the planning framework already set in the aforementioned laws, rules and regulations. This legal framework shall without derogation to the existing laws and regulations of the ICT and CDA and segments not covered by the prevalent law shall be covered by the respective local government, as determined by the government,” the bill says.
Moreover, wherever there is a clash between the existing law and provisions of this bill, the existing law would prevail unless clearly specified or repealed.
The mayor would have no say in master plan of the capital city as the ‘master plan’ would be developed, maintained and enforced by the CDA.
Moreover, the federal government has empowered to divide a local government into two or more local governments or alter the limits of a local government and may specify in the notification the consequences which shall ensue upon the publication of such notification.
The mayor and the deputy mayor would be elected as joint candidates, in the first session of the Metropolitan Corporation, from amongst the members by majority of the members.
The federal government may issue directions to a local government and the local government shall be bound by such directions. Where the situation demands immediate action and the local government fails to comply with the directions given to it, the government may direct the officer authorized by it to take such action as the situation may necessitate.
