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Friday May 10, 2024

SHC asked to revoke dual nationals’ right to contest LB polls

Karachi The Sindh High Court (SHC) on Friday issued notices to the chief and law secretaries, along with other officials on a petition against amendments in the Sindh Local Government Act 2013 allowing permission to dual nationality holders to contest the upcoming local bodies elections. Petitioner Zulfiqar Ali Domki submitted

By our correspondents
August 29, 2015
Karachi
The Sindh High Court (SHC) on Friday issued notices to the chief and law secretaries, along with other officials on a petition against amendments in the Sindh Local Government Act 2013 allowing permission to dual nationality holders to contest the upcoming local bodies elections.
Petitioner Zulfiqar Ali Domki submitted in his petition that the provincial assembly on August 11 approved the amendment in Sindh Local Government Act 2013’s section 36 (1)(3) pertaining to the disqualification of dual nationality holders by allowing them contest the local bodies election.
He said it was a settled proposition that dual nationals could not contest elections since their loyalties were divided. He asked how a dual national could be sincere to Pakistan when he had already taken an oath of allegiance to another country.
The petitioner submitted that Karachi was an industrial and commercial hub of the country contributing 68 percent revenue for the national exchequer and had an estimated population of over 23.5 million people. He said if a dual nationality holder was elected as mayor of the city then what will he do in a case of conflict of interest while discharging his fiduciary duties to the people of Karachi.
He submitted that holding dual citizenship was likely to create situations for the holder where he faced a conflict of interest in the discharge of fiduciary duty to the people of Pakistan, adding that the conflict of interest was particularly evident when acquisition of foreign citizenship entails taking an oath of allegiance to that state.
Besides, he argued, the amendment was made with malafide intentions to accommodate near and dear ones of ministers, MNAs and MPAs of the ruling party who were themselves dual nationality holders.
The petitioner requested the court to declare the amendment made in the Sindh Local Government Act, 2013, through the Sindh Local Government (Third Amendment) Bill, 2015, in Section 36, sub-section (1), clause (c) as illegal, malafide, void ab initio, unconstitutional and of no legal effect. He asked the court to suspend the operation of the impugned amendment till disposal of this petition.
The SHC division bench headed by Justice Munib Akhtar after preliminary hearing of the petition issued notices to the Sindh Advocate General, chief secretary and others and directed them to file their comments by September 3.

Heritage site
A petition was filed in the Sindh High Court against construction taking place adjacent to the Hindu Gymkhana.
A Hindu welfare society challenged the construction at Hindu Gymkhana site by the Aligarh Muslim University Old Boys Association.
The petitioner submitted that the Gymkhana was declared as heritage site by the provincial government but construction work was being carried out adjacent to it by the respondent.