GILGIT, Sept 24: Experts have raised questions about the legal status of forthcoming elections for Gilgit-Baltistan Legislative Assembly, saying that polls will be in violation of the newly promulgated Empowerment and Self-governance Ordinance 2009 if a free and independent election commission is not formed for the purpose.
They fear that the entire process of elections for legislative assembly can be challenged in a court of law after the promulgation of the self-governance ordinance.
The ordinance clearly states about establishment of a free, independent and separate election commission of the region to conduct elections for the legislative assembly, which is empowered to legislate on 61 subjects.
However, contrary to the ordinance elections are being held under the old system governance wherein election commission is headed by a BPS-17 officer from the District Management Service group.
“The ordinance says that an independent election commission will hold elections.
However it is not being followed in the forthcoming polls, which is a sheer violation of the ordinance,” said Advocate Ehsan, a constitutional expert.
He expressed dissatisfaction over the election process and said it could not be held under the old system of governance.
However, another lawyer said that there was nothing to raise objection about as earlier elections were being held under elections rule in vogue in the area under Northern Areas Good Governance Order.
He said that elections would be held under old system but elected people would take oath under the newly promulgated order.
An official of election office said the rules for polls were framed in 1975 rather borrowed from other provinces, which were still being practiced by the authorities.
The official said according to 1975 rules the powers of election commissioners were vested with deputy commissioners.
“According to new order an independent election commission will be set up and chief election commissioner will be appointed by the prime minister,” he added. http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/national/experts-question-legality-of-gb-assembly-elections-599
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