SHC dismisses MQM, PTI petitions against holding of LG polls

KARACHI: The Sindh High Court on Friday dismissed petitions filed by the Muttahida Qaumi Movement and Pakistan Tehreek-e-Insaf against holding local bodies elections in Sindh without completion of delimitation and election process and complying with the Supreme Court directives.

The MQM and PTI had submitted in their petitions that the Election Commission of Pakistan had issued notifications for holding local bodies election in two phases on June 26 and July 26 without completing the delimitation process and complying with the Supreme Court’s directives.

They submitted that impugned notifications were against the Supreme Court decision in which various vires of the local government act had been declared ultra vires of Section 140 A of the Constitution.

Their counsel submitted that proposed local bodies’ elections would be of no purpose in the absence of meaningful devolution of power to the grass-root level within the meaning of 140A of the Constitution.

They submitted that the Election Commission failed to carry out out the delimitation exercise and electoral lists were not completed yet in several constituencies and these lists were not rectified yet. They submitted that the election could not be held in the absence of complete electoral voter lists. They said that the election of local government would only be purposeful after meaningful devolution of political, administrative and financial powers to the local government so that electorate may make an informed choice. They said the local government must know about their powers and authority on the basis of which they could contest the election and without conferring powers to the local bodies representative, there will be no independent election and the same will not attract voters to cast their votes.

They submitted that the ECP deliberately delayed the proposed amendments in local bodies laws and delimitation of constituencies in various districts of Karachi and other parts of Sindh, which indirectly favours the ruling party. They said that the Sindh government also raised a number of union councils in Karachi West and Keamari districts despite the issuance of the local government election schedule, which also amounts to gerrymandering. They said that the ECP also failed to publish the final report and lists of constituencies depriving the voters of exercising their right to vote.

The court was requested to set aside the ECP notification to hold the local government polls in Sindh in absence of meaningful legislation of local bodies’ law and non-compliance with SC directives. They requested the court to direct the Sindh government to ensure Sindh Local Government Act be made in line with the requirements of 140 A and SC judgment and restrain the ECP from announcing the schedule of elections for local bodies in Sindh before delimitation of constituencies in Sindh and election rolls are prepared.

The Election Commission of Pakistan had filed comments in the petition submitting that the schedule for the upcoming local bodies election in Sindh was announced in accordance with the law and local governments poll cannot be withheld or stayed on a wish, whim or desires of political parties. The ECP counsel submitted that different political parties, including petitioners, were contesting the local government elections. He submitted that as many as 21,298 candidates of different categories were participating in the local government elections 2022 held in phase I of the election whereas 29,707 candidates have filed their nomination papers for local government elections held in phase 2.

He said that petitioners have not impleaded any of the contesting candidates as a party in the instant petition. He submitted that the term of the local government expired on August 30, 2020, and under the Constitution, the Election Commission Act and Section 21 (3) of the Sindh local government Act, it is the mandate of the ECP to conduct local government elections within a period of 120 days after the term of the local government. He clarified that there were no separate rolls for general and local government elections and periodical revision of electoral rolls was a routine exercise carried out by the ECP under the election laws.

He submitted that delimitation of the constituencies of local government in different districts of the Karachi as well as in other districts of the province was done in accordance with the law. He submitted that approximately 30 million ballot papers of different categories as to conduct of local government elections of phase 1 have already be printed and requested the court to dismiss the petition as not maintainable.

The provincial law officer submitted that the select committee constituted for the purpose of amending the local government act has decided that LG elections can be held only after making the necessary reforms in the law. He submitted that the committee, which held its meeting under the chairmanship of LG Minister Syed Nasir Hussain Shah, along with lawmakers of the Muttahida Qaumi Movement and the Pakistan Tehreek-e-Insaf, suggested that holding the polls will serve no purpose without carrying out the necessary reforms in the law.

They were of the view that it would be in the fitness of things and for all political purposes that the LG elections were held after making the necessary reforms in the relevant law.

The SHC’s division bench comprising Justice Mohammad Junaid Ghaffar and Justice Amjad Ali Sahito after hearing the arguments of the counsel, for a reason to be recorded, later on, dismissed the petitions.