LG elections in Sindh tricky business

Appointment of bureaucrats in place of nazims not simple unless Sindh Assembly amends the Sindh LG Ordinance (SLGO)-2001

February 8, 2010
By Irfan Aligi

KARACHI: Although the Sindh coalition partners’ core committee has reached a consensus on the appointment of administrators in place of nazims and new local bodies elections, there are many complications that need to be sorted out before the polls are actually held.

The appointment of bureaucrats in place of the nazims is not simple unless the provincial assembly amends the Sindh Local Government Ordinance (SLGO)-2001. Contrary to expectations, the legislation for this purpose has not been introduced in the recent Sindh Assembly sessions so far.

The appointment of administrators would be a cumbersome task due to various legal reasons, as the SLGO does not have any clause for administrators. It says that the existing nazims would be relieved after new ones were elected through ballots. The replacement of the existing nazims by administrators would not be possible without legal amendments to the SLGO. Despite the fact that the ongoing local governments have completed their legal tenure last Oct, there is a strong likelihood that the existing local bodies system would continue till the end of the current year. In the meantime, the Sindh governor could help handle the situation through the promulgation of an ordinance.

If administrators were appointed this February, the functioning of the local governments from top to the union council level would be an arduous task owing to two reasons, the 90-day legal binding for holding the local government elections and the presentation of the annual budget. For example, if the provincial government appoints administrators on Feb 15 after amendments to the SLGO, the 90-day deadline would be over by July 15. Further, it would require at least 30 days for holding the local government elections. Meanwhile, the political confrontation between Sindh coalition partners – the Pakistan People’s Party and the Muttahida Qaumi Movement - has escalated in recent times. The core committee has so far held a number of meetings on the local government system on the issue of administrators and it has been decided that the MQM would give three nominations on behalf of gazetted officers for each city and town for appointment as administrators. The agreement therefore meant that the PPP and MQM would share administrators of their choice in areas of their majority and political dominance.

However, the PPP Sindh chapter has expressed its reservations and has presented a detailed report on the pros and cons of the local government system in the future. According to contents of the report, the SLGO framed by the “dictator” violates the basic principles of the constitution. The flaws that have been mentioned include that a single constituency provides 13 members’ elections instead of one and it provides financial and administrative powers to indirectly-elected members such as UC nazims, town nazims and the city nazim. It further said that the existing local government system provides the leader of a party to have more executive powers, which is a violation of the basic principles of the constitution.

It said the valid and just principle of making districts has been repeatedly set aside for political expediency as five of Karachi’s districts having a population of more than 156 million have been merged into one, while Hyderabad having a population of 3 million and has been divided into four districts. The report said that Karachi was underrepresented as the city’s UCs have an average population of 55,000 as compared to the UCs in other districts in Sindh that have an average population of 25,000. The report claimed that the devolution of power to lower level has been turned into a joke as the district enjoys powers more than the provincial government while the UCs were powerless. The report said old districts should be revived and five districts should be made in the city of Karachi. It also gave some suggestions, which include that the present nazims and DCOs should be replaced with non-political officials belonging to DMG/CSS. Neutral officials of good reputations should replace all old officials of the EDO level. The audit of the district governments’ accounts under the law should not be delayed.

LINK: http://dailytimes.com.pk/default.asp?page=2010\02\08\story_8-2-2010_pg7_28