and (xi) Union councils in Malir district, and disagreement between Respondent No.3 and Respondents No.1 and 2 over the constituencies in (i) TC Piryaloi and TC Karoondi of Khairpur district, (ii) MC Tando Adam of Sanghar district, (iii) UC Phullahdyoon & TC Naukot of Mirpurkhas district, (iv) MC Mithi of Tharparkar district, (v) MC Tando Jam of Hyderabad district and (vi) TC Sann & TC Manjhand of Jamshoro distrct.
The counsel said the understanding was illegal and amounted to reviewing the court order issued on September 18 by the SHC on the delimitation of local constituencies related to rural and urban issues.
He submitted that the respondents had committed a fraud by collusively filing a petition on behalf of the local government secretary who did not implead the petitioner and other aggrieved persons as respondents and intentionally and deliberately did not invite aggrieved persons for consultation or offer a hearing opportunity.
He said the respondents filed the report with malafide intentions and later with ulterior motives withdrew the petition from the high court.
The counsel said the local government secretary in a malafide, arbitrary and whimsical manner had been creating, constituting, reconstituting a new tapedar circle, a supervisory tapedar circle, union councils, town committees, union committees, municipal committees, talukas, sub-divisions, districts and divisions and altering the boundary limits thereof under the garb of Section 6 of the Land Revenue Act and Section 10 of the Sindh Local Government Act, 2013.
He further alleged that this exercise was being undertaken by the secretary intentionally and solely to manipulate the revenue boundaries as well as declaring rural areas into urban and annexed with any council of an urban area or vice versa in order to achieve their nefarious political gain.
He requested the court to declare that the alleged agreement was completely unconstitutional and in violation of court orders.
The court was also requested to issue a writ directing the respondents to implement the court order of September 18 forthwith by issuing a notification to that effect, and suspend the operation of the impugned alleged agreement/report.
After a preliminary hearing of the petition, the court issued notices to the advocate general, the local government secretary and the election commissioner, directing them to file comments on the petition by October 29.