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ISLAMABAD, Nov 18 (APP):The Election Commission of Pakistan (ECP) has ordered the immediate conduct of long-delayed local government elections in the federal capital, declaring a key clause of the Islamabad Capital Territory Local Government Act, 2015, unconstitutional.
A five-member bench of the Election Commission of Pakistan (ECP), headed by Chief Election Commissioner Sikandar Sultan Raja, declared the 2024 amendment to Section 15 of the ICT Local Government Act 2015 unconstitutional, ruling that it conflicts with the Constitution, the Elections Act 2017, and the original ICT Local Government Act 2015.
The commission has observed that the term of Islamabad’s local governments expired on February 14, 2021.
In its verdict, the Commission emphasized that under Articles 140-A and 219 of the Constitution, both the ECP and the federal government are constitutionally bound to conduct local government elections within 120 days of the expiry of the term.
The Election Commission carried out five rounds of constituency delimitation and issued three separate election schedules. It also engaged in correspondence with relevant institutions, yet the local government elections could not be held.
On November 13, 2025, the Election Commission formally heard the case regarding the conduct of elections. Subsequently, on November 17, 2025, the Commission issued its decision, directing the office to immediately present the election schedule for implementation.
The Election Commission has ruled that the recent amendment to Section 15(2) of the Islamabad Local Government Act, 2015, which assigns the responsibility of conducting elections to Union Council secretaries, is inconsistent with the Constitution and the law.
In its decision, the Commission emphasized that it cannot be compelled to hold local government elections through Union Council secretaries, reaffirming its constitutional mandate as the sole authority responsible for conducting free and fair elections.
The Election Commission of Pakistan, exercising its powers under Article 218(3) of the Constitution—along with Articles 140-A, 220, 219 and 222, and Sections 50, 219 and 224 of the Elections Act, 2017—has declared that the recent amendment to Section 15(2) of the Local Government Act is inconsistent with the Constitution and prevailing law.
Under the provisions of the Elections Act 2017 and the Local Government Act 2015, the Election Commission has the authority to appoint District Returning Officers (DROs), Returning Officers (ROs) and Assistant Returning Officers (AROs). The Commission may assign its own officials or draw upon officers and staff from the judiciary and administration to serve in these roles and oversee election duties.
The Election Commission has ruled that Union Council secretaries do not qualify as “public officers” and therefore cannot be appointed as presiding officers.
In its verdict, the Commission clarified that the electoral process will be conducted exclusively through officers formally appointed by the Election Commission via official notification.