Key Takeaways
- The Election Commission of Pakistan (ECP) has opposed a key amendment in Khyber Pakhtunkhwa’s Local Government Act.
- The ECP claims the amendment contradicts its constitutional and legal powers for delimiting constituencies.
- KP government assured support to the ECP for holding local government elections, but this move is seen as delaying tactics.
The Election Commission of Pakistan (ECP) has opposed a significant amendment in Khyber Pakhtunkhwa’s Local Government Act, terming it 'delaying tactics' for the upcoming local government elections. In a letter to Chief Secretary KP Shahab Ali Shah, Additional Director General Local Government Elections Nadeem Qasim stated that the amendment is contradictory to the ECP's constitutional and legal powers.
The Khyber Pakhtunkhwa Local Government (Amendment) Bill, 2026 was passed by the provincial assembly on July 6, assented by the governor on July 16, and notified on July 21. The amendment in question alters Section 6 of the KP Local Government Act, 2013, which previously stated that the population range for Village Councils and Neighbourhood Councils should be between thirty thousand to forty thousand with a ten percent permissible variation based on the Digital Census 2023.
The ECP’s letter highlighted that this amendment is in direct conflict with Article 222(b) of the Constitution of Pakistan, read with Sections 221(1) and 221(9) of the Elections Act, 2017. The commission emphasized its obligation to delimit constituencies based on population thresholds, which are now deemed impractical due to existing numbers in the Ninth Schedule of the KP Local Government Act.
Furthermore, the ECP pointed out that the amendment’s provision for consultation with the government is against Article 222 of the Constitution. The commission argued that such a process would undermine its powers and the spirit of the constitutional provisions. Nadeem Qasim stated in his letter: 'The above said amendment in section 6 (5)(e) of the Khyber Pakhtunkhwa Local Government Act, 2026 is in contradiction with the powers delegated to the Commission in the above referred provisions of the constitution and the law.'
Earlier this month, on July 14, Chief Secretary KP Shahab Ali Shah had assured 'all possible support' to the ECP for holding local government elections in 23 districts. However, the current opposition from the ECP suggests that this assurance might not be enough to overcome procedural hurdles.
The ECP’s stance is seen as a significant setback for the Khyber Pakhtunkhwa government's plans to hold local government elections smoothly. The commission has expressed concerns over the amendment being used as delaying tactics, which could impact the electoral process and voter confidence in the province.
This development highlights the ongoing tensions between provincial governments and federal bodies like the ECP regarding election-related matters. It also underscores the importance of clear legal frameworks to ensure fair and timely elections.
'The above said amendment in section 6 (5)(e) of the Khyber Pakhtunkhwa Local Government Act, 2026 is in contradiction with the powers delegated to the Commission in the above referred provisions of the constitution and the law.'
Nadeem Qasim, Additional Director General Local Government Elections
