Publication of final census results: SHC directs AG to seek instructions from CCI

KARACHI: The Sindh High Court on Friday directed the federal law officer to seek instructions from the Council of Common Interests with regard to publication of final results of the census.

During the hearing of the petition of Muttahida Qaumi Movement against the constitution of delimitation committees and process of delimitation for local bodies election in the province by the provincial election commission, the SHC’s division bench, headed by Justice Mohammad Ali Mazhar, inquired from the federal law officer about the publication of final census results.

The court observed that the joint census commissioner on the previous hearing had submitted that final results have already been forwarded to the CCI and after approval in their meeting, the final results will be announced.

The court observed that the federal law officer has been directed to seek proper instructions on such statement, however, no reply has been filed and the law officer sought further time as no instructions had been conveyed to him with regard to decision for announcement of official results of the census.

The Election Commission of Pakistan’s counsel submitted that two applications had also been filed before the ECP, raising the question that exercise of delimitation on the basis of provisional population figures of census 2017 is unconstitutional and the ECP could not delimit the constituencies of the Sindh local governments in the absence of officially-published census. The ECP counsel submitted that these applications were disposed by the ECP on the ground that non-provision of requisite data notifications and maps by the Sindh government, the process of delimitation of constituencies of local governments of Sindh, initiated by the commission vide notification on August 31, is deferred for time being.

ECP’s Special Secretary Zafar Iqbal Malik submitted that official results of the census must be published for fair exercise of delimitation. The advocate general Sindh proposed that the petition may be disposed with the direction to publish the final results of the census within reasonable time, so that delimitation exercise may be initiated and the local bodies elections may be conducted within the time as prescribed under the Elections Act 2017.

The court directed the federal law officer to seek proper instructions from the CCI about the publication of the final census results and file the same by September 24, observing that if no proper comments were filed by the Federation on the next date, the matter will be disposed of on the basis of available documents.

MQM’s Senior Deputy Convener Amir Khan, Mayor Karachi Waseem Akhtar and others submitted in the petition that the provincial election commissioner has formed election committees for delimitation of local bodies constituencies and carried out the delimitation process in violation of the election commission’s laws.

They submitted that the election commission was required to carry out delimitation after every census officially published by the competent authority and it is pertinent to mention that the final result of the Census 2017 was not officially published. They submitted that the delimitation of the constituencies in the absence of any official publication was not possible under the election and delimitation laws. They submitted that results of the 2017 census have not been finally published and it demonstrates that the same are still disputed and even subjudice before the court of the law and other relevant forums. They said that election authorities’ act to proceed with the delimitation process in the absence of any statutory sanction amounts to hoodwinking the law and circumventing the mandatory provisions.

They submitted that delimitation exercise during the Covid-19 pandemic was not possible and instead of appointment of administrators, the local governments tenure be extended for a further six months. The court was requested to declare the constitution of the committees for delimitation of local bodies constituencies illegal and restrain them from carrying out the delimitation process for the local bodies constituencies in the province till decision of the petition.