PTI challenges schedule for LG polls in SHC

The Pakistan Tehreek-e-Insaf challenged in the Sindh High Court on Monday the Election Commission of Pakistan’s notification of conducting the first phase of the upcoming local government elections on June 26 in the province.

PTI leaders Haleem Adil Sheikh, Firdous Shamim Naqvi and others submitted in the petition that the ECP had announced a schedule for the local government elections to fill the seats of chairman and vice chairman of union councils, union committees and general members of the municipal committees and town committees of Sukkur, Larkana, Shaheed Benazirabad and Mirpurkhas divisions.

They said the impugned notification was against a Supreme Court decision in which various vires of the local government act had been declared ultra vires of Section 140 A of the constitution. They submitted that the Supreme Court had declared sections 74 and 75 (1) of the local government act with regard to the transfer of functions and commercial schemes against the principle of the law and Article 140 A of the constitution.

The PTI leaders said the Sindh government had formed a committee comprising members of ruling and opposition parties to amend the local bodies law in compliance with the Supreme Court order.

They said the provincial government, through its representative of parliamentary affairs, informed the house that the select committee would submit its report within 45 days after deliberations on the local government law.

They added that the local bodies minister introduced the Sindh Local Government Bill 2022, and the Sindh Law (amendment bill) 2022 was adopted and sent to the select committee with directives to report back within 45 days.

The petitioners noted that the Sindh Assembly session was adjourned later without completing the legislation process, and the ECP announced the schedule for the first phase of local government elections through a notification.

They further submitted that notification was in violation of the Supreme Court judgment, arguing that holding the polls without reformed local government law would be not only a futile exercise but also waste of financial resources, and the outcome would be an unrepresentative local government system with no proper and genuine devolution of powers.

The court was requested to declare the ECP notification as without lawful authority and suspend it till a decision on the petition. They also requested the court to direct the respondents to produce the records and proceedings of the Sindh Assembly regarding the Local Government Bill 2022 and complete the process as per the direction of the Supreme Court within three months.

After filing the petition in the SHC, PTI leader Haleem Adil Sheikh said during a media chat that when the “constitutional institutions come up with unconstitutional decisions or steps, the people are forced to take to the streets in protest”.

He said Section 21 of Sindh Local Government Act 2013 were not in agreement with the Constitution of Pakistan and the SC ruling on it was there. He said the holding of the LG elections in Sindh amounted to violating the SC judgement and the apex court should have taken suo motu notice of that development. “The court should have taken up this issue during daytime at least,” he said.

Sheikh warned that his party would strongly show its concern and would hold a big protest demonstration in front of the ECP’s Karachi office.

He criticised that the Sindh government had made the assembly hostage. He recalled that it was agreed between the government and the opposition to form a select committee tasked with bringing amendments to LG Act in 45 days.

He alleged that the Muttahida Qaumi Movement-Pakistan’s leadership was not sincere with the Urdu-speaking community and had badly failed to guard their rights and interests, and that the leaders were in search of personal gains.

In the next local government and general elections, he said, the MQM-P would be rejected by Mohajirs. It was the PTI that continued fighting for the rights of the urban population as well, he claimed.

Sheikh said the people of Sindh had rejected the accord between the PPP and the MQM, and the former would have to pay a big price for it. He said the superior court should take suo motu notice of the removal of 150 persons from the Exit Control List who were allegedly involved in mega corruption and other serious crimes.