Unconstitutional elections? – 2

Yesterday the ECB responded to my concerns regarding the legality of the forthcoming Local Government elections. (see my blog on 29 November)

The ECB explained that the Local Government elections should go ahead, as an “interim measure”, in accordance with MOHCA’s order to elect Gups where the tenure of the incumbents has expired.

I will object to the elections for several reasons:

First and foremost the elections will be unconstitutional. The Constitution puts the responsibility of conducting elections (NA, NC, Local Government and National Referendum) squarely on ECB. Allowing MOHCA to order elections, for whatever reason, is a constitutional breach;

Second, all elections must be conducted according to the provisions of the Election Act which was approved by both Houses and submitted to His Majesty the King during the first session of the Parliament; and

Third, the Local Government Act came into force in July 2007 and will remain in effect till modified by Parliament. Local Government elections cannot, therefore, be held in accordance with the earlier DYT Chathrim.

I appreciate the constraints that the ECB faces. It must, for instance, finalise the electoral boundaries for the Local Government constituencies before it can conduct the elections according to the electoral laws. But there’s no point in holding elections now, only to repeat the elections in 2009 after completing the delimitations of the Geogs. That would not only be a waste of money. That would be disruptive. And that would be unlawful.

I’ve appealed to ECB to reconsider.


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