ECP, others put on notice on PTI TMC chairman’s plea against counting of defectors’ votes

The Sindh High Court on Tuesday issued pre-admission notices to the Election Commission of Pakistan (ECP), the local government secretary and others on a petition filed by the Pakistan Tehreeek-e-Insaf chairman of Mominabad’s Town Municipal Corporation (TMC), challenging the inclusion of defected members of the PTI in the voting process of a no-confidence motion against him.

The court clarified that if a session of the TMC is called before the next date of hearing and any order is passed by the municipal commissioner, the same will be subject to the further orders by the court.

Petitioner Malik Mohammad Arif Awan, who is chairman of the TMC of Mominabad, submitted that high court had earlier directed the ECP to decide the representation of the petitioner with regard to declaring two PTI vice chairmen of union councils and a lady councillor as defectors at an early date after hearing the parties in accordance with the law and to submit a compliance report to the court through the member inspection team-I not later than four weeks.

The petitioner’s counsel Ali Tahir submitted that respondents were trying to circumvent the directions of the court and had called a fresh request for summoning a special meeting of the TMC under sections 27 and 83 of the Sindh Local Government Act 2013 read with Rule 20 of the Sindh Council (conduct of business) Rules 2016 before the members of the TMC for a vote of no-confidence against the petitioner. He submitted that there was likelihood that the TMC session will be called by the municipal commissioner within two days and the petitioner will be removed from the chairmanship.

A high court division bench headed by Chief Justice Aqeel Ahmed Abbasi, after the preliminary hearing of the petition, issued pre-admission notices to the ECP, the secretary of local government and others and called their comments on May 23.

The court in the meantime clarified that if a session of the TMC Mominabad is called before the next date of the hearing and any order is passed by the municipal corporation the same will be subject to the further orders by the court.

The chairman of the TMC had filed the petition with regard to the non-counting of votes of two union council vice chairmen of Mominabad and a lady councillor on groundd of defection. He submitted that after defection from the party the UC vice chairmen and the lady councillor’s votes could not be counted in the no-confidence motion in light of the Supreme Court’s judgment.

The court had asked the petitioner to approach the ECP which may decide the representation of the petitioner at any early date after hearing the parties in accordance with the law and to submit the compliance report within four weeks through MIT-I of the court.