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Thursday April 25, 2024

SHC moved against withdrawal of delimitation powers from ECP

Sindh government accused of introducing amendments curtailing the powers of ECP to manipulate local bodies election results

By Jamal Khurshid
April 18, 2015
Karachi
The Sindh High Court (SHC) on Friday issued notices to the chief secretary, secretary local government and chief election commissioner on a petition filed against the amendments done in the Sindh Local Government (amendment) Act, 2015.
Petitioners Zafar Ali Shah and Noor Ahmed Khoso submitted that the government introduced several amendments in compliance of the Supreme Court’s (SC) orders and promulgated SLG (amendment) Act 2015 whereby empowering the election commission to delimit councils, committees and wards according to the Section 31-A of the Act.
However, the provincial government introduced amendments stripping the election commission of delimitation powers in order to commit gerrymandering.
The petitioner’s counsel Mureed Ali Shah maintained that the Sindh government had deliberately created a new division named Shaheed Benizabad in order to rig the local government elections, adding that a public hearing regarding the matter was also not held.
Accusing the government of conniving with the chief election commissioner, the counsel maintained that they had appointed Assistant Commissioners (Revenue)/Mukhtiarkars as Assistant Delimitation Officers to conduct the delimitation process.
The counsel also mentioned that government was reconstituting new Tapedar Circles, Supervisory Tapedar Circles, Talukas, Sub-Divisions, Districts and Divisions and altering the boundary limits thereof, under the garb of Section 6 of the Land Revenue Act to manipulate the revenue boundaries.
The court was prayed to declare the amendments with regard to demarcating/delimiting boundaries of councils and wards by Sindh government instead of ECP as well as electing Chairman, Vice Chairman, Mayor and Deputy Mayor and creating wards in union councils as unconstitutional and void ab initio in the view of the judgments of superior courts.
The court was pleaded to suspend the SLG (amendment) Act and restrain the government from creating, curtailing or altering the limits of councils or wards as well as the revenue circles.
He also sought direction for ECP to appoint its officers or of the federal government’s as District Returning Officers, Returning Officers and Assistant Returning Officers in order to hold free, fair and impartial local government polls under the supervision of Army or Rangers, posted both within and outside the polling stations.
The SHC’s division bench headed by Justice Sajjad Ali Shah after preliminary hearing of the petitions issued notices and ordered to file the comments by April 23.

Surgeon’s appointment
The Sindh High Court (SHC) on Friday disposed of a petition seeking reopening of the Civil Hospital’s vascular and isolation wards following assurances of being made fully operational after appointment of a reputable surgeon.
Petitioner Mohammad Nazeer Abbasi had submitted that the vascular and isolation wards at the CHK were running under supervision of the Dow University of Health Sciences (DUHS) but the ward was closed due to a shortage of specialised doctors.
He submitted that head of the vascular surgery ward Prof Dr Sohail Ahmed Khan had applied for a long leave about two years ago but the hospital administration did not arrange for any other specialist doctor.
Due to the closure of the wards hundreds of patients were forced to seek expensive treatments from private hospitals, the petitioner submitted requesting the court to issue directives to concerned authorities to reopen the wards.
The court was informed by the health department that the wards were non-functional due to non-availability of a vascular surgeon and staff.
The focal person of the health department who was also the medical superintendent of the hospital submitted the cardiac surgeons got heavy remuneration in private hospitals where by government hospital could not match up to the pay scale.

Detention case
The SHC issued notices to federal and provincial law
officers, IG Sindh and DG Rangers on a petition against detention of Tahir Plaza arson suspect.
Petitioner Mehreen submitted that her spouse Mohammad Ali Qureshi was picked up by law enforcement agencies personnel on April 11 from a local hotel and was being wrongfully linked to the arson attack.
Expressing concern for his life she prayed to court to direct the official respondents to disclose the whereabouts of her spouse.
The court after preliminary hearing of the petition issued and called for submission of the comments on April 23.
Six persons including a woman were burnt alive at the office of a lawyer, Altaf Abbasi, situated in Tahir Plaza on April 9, 2008.