Khyber Pakhtunkhwa’s cabinet meeting held on Wednesday approved the “defection” clause in section 78 of the Local Government Act 2013.
Provincial Minister for Information Mushtaq Ghani while briefing the media regarding the amendment in LG Act 2013 said that if a member of Tehsil, Town or district council becomes dissident to his/her political party, resigns from party membership, or abstains from casting vote against the party decision, then they would defect from their membership of Tehsil, Town or district would also become annulled.
He said that the party chairman would first inform the Election Commissioner, Naib Nazim or presiding officer about the party status of member of Local Government through a notice. After receiving of the notice the Naib Nazim, or presiding officer would informed the Chief Election Commissioner about the person concerned within two days, and the CEC would give his decision regarding the membership of the person within 30 days, he added.
Mushtaq said that after the endorsement of CEC the member of Local Government would not remain member of the LG set up anymore and his/her seat would become vacant with immediate effect.
The person can file an appeal in High Court regarding the decision of Election Commissioner within 30 days of the decision and the Higher Court would give its decree within 60 days of the appeal, he told.
The provincial minister said that the section 78-A has been added in LG Act 2013 in this regard and the same was approved by the cabinet.
He maintained that since the election of local government representatives was done on political basis under section 74 (7) of LG Act 2013 so it was deemed necessary to add section 78 (A) in the act regarding the status of the defection member.
He informed that under Article 63-A2 of the constitution of Pakistan the membership of members of National and Provincial assemblies also becomes void if the member is declared defection.