ISLAMABAD: The Supreme Court said Monday that delimitation of constituencies at street-level could not be carried out without local officers of the area.
A three-member bench of the apex court headed by Chief Justice Umer Ata Bandial and comprising Justice Syed Mansoor Ali Shah and Justice Ayesha A Malik heard the petition of the MQMP, challenging the delimitation of constituencies in Sindh for local government elections.
During the course of hearing, Chief Justice Umer Ata Bandial said that in one street one party was popular while in the other second party hence delimitation could not be carried out at street-level without the support of local officers concerned.
“The election commission does not have sufficient staff that could work without the assistance of the local officers of any area,” the CJP said. Barrister Farogh Naseem, counsel for the MQMP, pleaded the court to declare Section 10 (1) of the Sindh Local Government Act (SLGA) 2013 as completely without jurisdiction and of no legal effect.
He said that all Sindh government notifications had no legal effect. He said that in these notifications the basis for creation or determination of constituencies was not revealed.
He said that Section 10(1) of the Sindh Local Government Act 2013 conferred unbridled and unchecked powers on the Sindh government to determine the number of constituencies and no guidelines had been given as to how the powers under Section 10(1) were to be exercised.
Justice Mansoor Ali Shah questioned the petitioner’s concern over Section 10(1) of the SLGA. Farogh Naseem said under Section 221 of the Election Act 2017 the ECP would delimit constituencies of the local government, adding under Section 20(3) of the Election Act 2017 variation in population of an assembly or local government should not exceed 10 percent while under Section 20(4) of the EA 2017 in exceptional cases the ECP after recording reasons may delimit the constituencies beyond 10 percent variation.
He said that the ratio of population was not kept equal in the constituencies made in Sindh. He said that Sindh had violated the directions of the apex court.
He said under Section 223 of the Election Act objections could be filed to the ECP. “Did you file any objection to delimitation?” Justice Mansoor Ali Shah said. Faorgh Naseem replied that he had challenged the delimitation.
Justice Mansoor Ali Shah asked the DG Law of the Election Commission of Pakistan if the electoral body will follow delimitations carried out by the provincial government, adding that the ECP is empowered to conduct delimitations. The DG said that the ECP would abide by the provincial government with regard to delimitation of constituencies and size of the delimitation committee.
Similarly, he said that the provincial government was also authorised to determine the volume of union councils Justice Mansoor Ali Shah, however, said that the ECP should not transform its constitutional powers in the Local government laws Meanwhile, the court adjourned the hearing for Tuesday while Chief Justice Umer Ata Bandial said that all other parties will also be heard at length.
