SHC directs ECP to hold phase-wise LG polls in Sindh

Karachi
The Sindh High Court on Thursday directed the Election Commission of Pakistan (ECP) to conduct free and fair local government election while hearing a petition seeking phase-wise polls under the supervision of armed forces.
Petitioner Syed Mureed Ali Shah stated in his petition that last year the high court had struck down the entire delimitation process carried out in Sindh for the local government election.
He argued that the Supreme Court had allowed the Sindh government in its decision on January 13 to scrap the local bodies schedule issued on December 12 last year and start the entire electoral process again after announcing a fresh schedule.
He said the amount collected by the Sindh government as nomination fee from the contesting candidates, in billions of rupees, should also be refunded to each and every aspiring candidate.
He said since there was a shortage of law-enforcement personnel, free and fair local government election could only be held in phases and under the supervision of armed forces, both within and outside polling stations.
He said as per the spirit of the constitutional mandate in terms of Article 218(3) of the constitution and Section 34 of the Sindh Local Government Act 2013, the polls should be held, organised and conducted by the ECP.
He said it was the commission’s job to make the required arrangements for ensuring that the election was held transparently without any corrupt practices.
He said Sections 34, 39, 40 and 47 of the Sindh Local Government Act 2013 provided that the ECP shall organise and conduct election for local councils, prepare electoral rolls, appoint district returning officers and appoint election tribunals.
He requested the court to direct the ECP to appoint officers from the federal government, judicial officers as district returning officers and returning officers in order to hold free, fair and transparent local government election and declare the entire electoral process commenced under the previous schedule issued on December 18 as void ab-initio.
He also requested the court to direct the ECP to hold local bodies polls under the direct supervision of armed forces within and outside the polling stations.
He said the election should be held in phases to effectively discharge its legal and constitutional obligations, especially in view of any possible shortages or scarcity of staff, personnel or resources.
He also asked the court to order the ECP to refund the entire amount collected in lieu of nomination fee from contesting candidates.
It is pertinent to mention here that the ECP had announced schedule for holding local bodies poll in the province in September.