Research by: Anwar Akhtar Sh
Advocate Supreme Court
1st proposal 20.11.2014

OBJECTS: - To ensure the availability of the basic necessities of the Local Community to their door steps as per the provisions in principles of policy & fundamental rights laid down in the Article 1 to 40 of the Constitution.

Delegation of Political, Administrative, Judicial, financial powers/ Authorities/ Responsibilities/ Obligations from Top (Federal/ Provincial) level to District and further up to Gross Root level.

Delegation of Political, Administrative, Judicial, financial powers/ Authorities Responsibilities/ Obligations to the Elected Representatives of the District Local Governments and its Subordinates Elected Institutions.

All such institutions shall be impartial and independent administratively and financially as well as no political interference shall be validated by the concerned authorities and audit.

To establish a transparent, fair, relief-giving, Responsibility-Oriented. Corruption-less and based upon justice system duly controlled by the system of Command, Audit & Accountability.

The right of people to access to real, fair, speedy and in-expensive justice shall be ensured.

STRUCTURE OF THE LOCAL GOVERNMENTS

1. District/City District Local Government
2. Tehsil/Town Local Governments
3. Union Councils
4. Village/Neighbourhood Wards

DISTRICT ASSEMBLY

• Consist of Mayor, Deputy Mayor &
  Nazim of Subordinate Union Councils &
  Members of Reserved Seats i.e.
  (33% for Women, 5% Each for Workers/Peasant, Youth, Technocrats, Minority; of the above Seats)

TEHSIL/TOWN COUNCIL

• Consist of Chairman, Vice Chairman, Naib Nazims of Subordinate Union Councils & Members of Reserved Seats i.e.
  (33% for Women, 5% Each for Workers/Peasant, Youth, Technocrats, Minority; of the above Seats)

UNION COUNCIL

• Consist of Nazim, Naib Nazim with 11 Councilors i.e. 6 General Councillors, 6 Councillors of Reserved Seats i.e. 2 for Women, 1 Each for Worker/Peasant, Youth, Minority

VILLAGE/NEIGHBOURHOOD COMMITTEE

• Consist of President, Vice President with 5/6 Members i.e. 2 General Members, Members of Reserved Seats i.e. 1 each for Women, Worker/Peasant, Youth, Minority ( if 10% of population)

MODE OF ELECTION & ELECTORAL COLLEGE FOR LOCAL GOVERNMENT ELECTED INSTITUTIONS TO AVOID HORSE TRADING.

PARTY BASED ELECTIONS; DIRECT ELECTIONS THROUGH ELECTORAL COLLEGE OF GENERAL VOTERS.

1. Mayor & Deputy Mayor as Joint Candidates.
2. Chairman & Vice Chairman as Joint Candidates
3. Nazim & Naib Nazim as Joint Candidates, Other all Councillors of General & Reserved Seats.
4. President & Vice President as Joint Candidates Other all Members of General & Reserved Seats.

PARTY BASED THROUGH PARTY LIST; ACCORDING TO PROPORTIONAL REPRESENTATION SYSTEM; ON THE BASIS OF TOTAL MEMBERS WHO ALREADY OBTAINED THE OFFICES/MEMBERSHIP IN THE RESPECTIVE LOCAL GOVERNMENT INSTITUTIONS.

DISTRICT ASSEMBLY

• Consist of Mayor, Deputy Mayor &
  Nazim of Subordinate Union Councils &
  Members of Reserved Seats i.e.
  (33% for Women, 5% Each for Workers/Peasant, Youth, Technocrats, Minority; of the above Seats)

TEHSIL/TOWN COUNCIL

• Consist of Chairman, Vice Chairman, Naib Nazims of Subordinate Union Councils & Members of Reserved Seats i.e.
  (33% for Women, 5% Each for Workers/Peasant, Youth, Technocrats, Minority; of the above Seats)

SPECIAL PROVISIONS

ELECTION COMMISSION

1. The Election Commission of Pakistan shall conduct the Elections of the Local Government Institutions fairly, justly and transparently.
2. The Election Commission shall be impartial and independent administratively and financially as well as no political interference shall be validated by the concerned authority and audit.
3. The Election Commission shall be re-constituted, prior to the Elections of Local Governments, to be appointed by the Judicial Commission of Pakistan after adopting the procedure of Hearing and Confirmation for the appointment of the Chief & Members Election Commission.
4. All the Government Departments /Authorities/Agencies & its Officers/Staff shall be under the Election Commission of Pakistan. All such Departments/Authorities/Agencies shall be impartial and independent administratively and financially as well as no political interference shall be validated by the concerned authorities and audit.
5. All the Care Taker appointments shall be made by the Election Commission of Pakistan after the announcement of Election Schedule.
6. All the Development funds shall be freeze forthwith from the Ist day of New Financial year or 90 days prior to the Elections except of previously running projects.

ELECTIONS

1. The Qualification and Disqualification of Office Bearers/Members of the Elected Institutions of the Local Government shall be according to the Article 62 & 63 of the Constitution of Islamic Republic of Pakistan, 1973.
2. The Scrutiny of the Nomination Papers of the candidates shall be conducted at least within 30 days from its commencement.
3. The minimum age of the Voters shall be 18 years/Adult Franchise basis while of the Candidate 25 years who shall also be registered Voters of their respective Electoral College.
4. The Voters Lists shall be prepared on the basis of Joint Electorate.
5. All the Office Bearers of the Local Government Elected institutions shall possess at least Matriculation qualifications.
6. The Procedure of Elections including Electronic System of Registration of Voters and Electronic Votes Casting Systems and likewise shall be adopted on the basis of the modern technology, scientific and advance methods to ensure corruption-less, in-expensive and transparent systems of elections to ensure the real participation of the Nation according to their classes and abilities.
7. The Non Removable genuine Magnetic Ink shall be ensure to avoid the mal-practice by any person to caste vote by misrepresentation.
8. The Poling Scheme shall not be changed after its issuance by the concerned Returning Officer.
9. Every Voter shall be bound to show Original NIC to the Polling Staff at the time of casting vote.
10. The Army/Rangers and all other Security Agencies shall be deployed at Polling Stations/Areas to maintain Law & Order Situations.
11. The Presiding Officer shall forthwith prepared the list of Consolidated Results Count Statement after affixing his signatures and Seal on the Form XV and shall be bound to provide its copy to the Candidates or their Agents at the Polling Station.
12. The Union Council & Village/Neighborhood Council shall be multi-members ward for the elections of its all Members.

POST ELECTION SYSTEM

PERMANENT LOCAL GOVERNMENT SYSTEM

1. The Election of Local Governments shall be held after every four years. The Elections shall be held within 90 days after the completion of its tenure. The Local Governments shall not be suspended or dissolved by the Federal or Provincial Governments except by passing of Act. The parliament shall pass New Local Government Act wherein the maximum Political, financial and administrative powers, authorities, responsibilities and institutions of the Provinces with assets, resources, staff and funds shall be delegated and transferred to the Local Governments. The Funds shall forthwith be transferred from the Province to the Local Governments according to the preceding Census.

CHECK & BALANCE SYSTEM AVOIDING HORSE TRADING AND ARBITRARY ACTIONS

1. The Provincial Local Government Commission would be constituted through the Judicial Commission to conduct the Enquiries against the Elected Office Bearers of the Local Governments which reports shall be submitted to the Provincial Assembly wherein the penal actions including their Removal may be decided.
2. The No-Confidence Resolution against the Elected Office Bearers may be submitted in the House with the signatures of 1/3 members of the TOTAL membership which shall be passed by the 2/3 majority of the TOTAL MEMBERS of the House.

DELEGATION OF DEPARTMENTS FROM PROVINCE TO LOCAL GOVERNMENTS

1. Majority of the Departments, Authorities & Agencies duly transferred from the Federal Government to the Provincial Governments shall further be transferred with authorities, assets, resources, staff, budget and funds to the District Local Governments.
2. Inter Districts and Province Management/Relations shall be governed through the establishment of Finance Commission & Economic Council in accordance with the principles laid down in the Constitution while the other remaining principles shall be followed in accordance with the Local Government Act, 2005 duly passed by the Assemblies.

SERVE THE PEOPLE AT THEIR DOOR STEPS

1. Departmental Service Centers and Departmental Ombudsman Offices would be established in every Local Government Department.
2. The Local Government & Citizen Development Board shall be established to develop the local areas on special request of the Local Community with the 20% financial contribution of the interested community of that Local Area which would be, in addition to, ordinary Development Schemes/projects.

INDEPENDENCE OF THE LOCAL GOVERNMENT DEPARTMENTS TO ENSURE IMPARTIALITY WITH RESPONSIBLITY

1. The Specially Police, Intelligence Bureau, Accountability Bureau, Revenue, Education Departments shall also be impartial, responsible and independent administratively and financially as well as no political interference shall be validated by the concerned authority and audit.
2. Appointments. Transfers & postings of impartial & eligible chief executives including associate decision maker members of district local government departments, sami governments, corporations, autonomous, commissions, agencies, beurues, security agencies & authorities or likewise shall be through impartial and independent “district higher services commission” to ensure transparency in these matters. Such appointments transfers & postings may be preferably on seniority basis. 
3. The higher services commission shall be appointed through the provincial judicial commission.

DELEGATION OF JUDICIAL POWERS

1. There shall be High Courts at District Level as well as Courts of Districts & Sessions Judges at Tehsil/Town Level. The numbers of Judges of the Sub-ordinate Judiciary would be increased. All the Cases shall be finally disposed of, with one opportunity of the Appeal, within 3 to 6 months.
2. The MUSALIHATI Courts shall be constituted in every Union Council under the control of the District Judiciary.

ESTABLISHMENT OF ACCOUNTABILITY SYSTEM

1. There shall be Accountability Courts and Office of the Ombudsmen at District Level. The Accountability Bureau at District Level shall also be impartial and independent administratively and financially as well as no political interference shall be validated by the concerned authority and audit.
2. The District Budget Regulatory Authority shall be formed to look-after the Quarterly expenditures of the Sanctioned Budget to avoid the corrupt practice to spend the budget in the last month of June. The Budget proposal shall be annexed with the previous year comparative statements of allocated budget and its expenditures to avoid expenditures without sanctioning in the Budget.
3. The Office of the District Auditor General shall be created/established.
4. There shall be no discretionary powers or discretionary and secrete funds on the disposal of any office bearers of all the Elected institutions or any Officer of the Local Government Departments. All orders shall be passed in writing as no oral order shall be validated by the concerned authority and audit.