Thread by @mqur2001

Thread on #Punjab LG Ord 2021:
Section 46: It Provides that LG election must be held through #EVMs. But can ECP procure/ deploy EVMs within next four months? If this provision remains, it may become an excuse to delay elections. @Noormengal_ @UsmanAKBuzdar

Section 61(1)(b): It provides that the a candidate for a head of LG seat must be Intermediate or equivalent. It is discriminatory, and presumes that illiterate or less literate persons are necessarily less qualified/ competent. Would it sustain judicial scrutiny? #PunjabLG2021

Section 61(2)(c): It bars persons from contesting elections, who have a contract to provide goods and services to the LG. It is unreasonably exclusionary. There exist other / better ways to address conflict of interest situations. @Noormengal_ @UsmanAKBuzdar #PunjabLG2021

Section 53: LG election will be held in two phases: (1) Village/Neighborhood Councils; and (2) Metropolitan Corporations/District Councils.
Q: Is it feasible/cost effective? 2 LG polls? Why not to have a system, whereby election for all LG tiers is held in one go? #PunjabLG2021

Section 69: It provides no time period within which ECP must hold bye-election on casually occurring vacant seats. Note: Section 219 of EA 2017 doesn't apply to bye-elections, whereas section 228 of EA 2017 too provides no time limit. @Noormengal_ @UsmanAKBuzdar #PunjabLG2021

Section 71: It empowers provincial govt to appoint administrators. This power is seriously problematic. There is a need to think of a better arrangement for the interim period, after an LG completes its terms or when it doesn’t exist for other reasons. @Noormengal_ #PunjabLG2021

Section 74(d): It provides that expenditures directed by secretary of LG department will be treated as charged expenditure to Local Fund. Why? Secretary should have limited powers, if at all, over the elected LGs. @Noormengal_ @UsmanAKBuzdar #PunjabLG2021

Section 83(2)(h): It provides that four heads of LGs will be nominated by #CM as members of Finance Commission. Why CM's discretion? Since elections are to be held on political party basis, the representation of heads of LGs must be from major parties. @Noormengal_ #PunjabLG2021

Chapter XXVI vests far too many powers in the hands of the provincial Govt/ bureaucracy. It is in violation of Article 140A of Constitution. In the presence of this chapter, we don’t have LGs as third tier of Government. @Noormengal_ @UsmanAKBuzdar #PunjabLG2021

Sections 185-188 undermine LGs, as these empower the Secretary to make all officer level postings/transfers in LGs. In the presence of these sections, heads of LGs will have limited authority over officers working under them. @Noormengal_ @UsmanAKBuzdar #PunjabLG2021

Section 190: This section does not provide for any representation of LGs in the Punjab Local Government Board. @Noormengal_ @UsmanAKBuzdar #PunjabLG2021

Section 211 empowers secretary of the LG department to decide where trainings through funds allocated by LGs will be conducted. Why Secretary? Why LGs should not be empowered to decide it on their own within a pre-defined framework? @Noormengal_ @UsmanAKBuzdar #PunjabLG2021

Overall, the Ordinance has been promulgated without wider stakeholder consultations or input of opposition parties. Hence, it is not likely to be owned and retained, if the current ruling party loses next election. @Noormengal_ @UsmanAKBuzdar #PunjabLG2021