ECP put on notice on PTI’s petition against holding LG polls

KARACHI: The Sindh High Court on Tuesday issued notices to the federal and provincial law officers and the Election Commission of Pakistan on a petition filed by Pakistan Tehreek-e-Insaf against holding the local bodies elections in Sindh without completion of delimitation process and compliance of the Supreme Court’s directives.

PTI Sindh President Ali Haider Zaidi, MPAs Rabia Azfar Nizami and Sidra Imran submitted the petition, in which they pleaded the court that the ECP had issued notifications of holding local bodies elections in two phases on June 26 and July 26 without completion of the delimitation process and compliance of the Supreme Court’s directives. They submitted that the impugned notifications were against the Supreme Court’s 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 transfer of functions and commercial schemes against the principle of the law and Article 140-A of the Constitution.

The PTI leaders said the proposed local bodies elections would have no purpose in absence of the meaningful devolution of power for empowerment of the democracy at grassroot level within the meaning of 140-A of the Constitution. They said the local bodies elections would only be purposeful after a meaningful devolution of political, administrative and financial powers to the local government, so that the electorate may make an informed choice.

They said the local government representatives must know their powers and authority on the basis of which they could contest the elections and without conferring powers there would be no independent elections and same would not attract the voters to cast their votes.

The petitioners had submitted that the ECP deliberately delayed the proposed amendments in local bodies laws and the delimitation of constituencies in various districts of Karachi and other parts of Sindh, which indirectly favoured the ruling party. They said the Sindh government also raised the number of union councils in Karachi West and Keamari districts despite of issuance of the local government elections schedule, which also amounts to gerrymandering. They said the ECP also failed to publish the final report and lists of the constituencies depriving voters for exercising their right to vote.

The court was requested to set aside the ECP notification with regard to holding local government polls in Sindh in absence of meaningful legislation of local bodies law and non-compliance of SC’s directives. They also sought an injunction declaring that any election for the local government should be conducted to elect the representatives in the line with Article 140-A. They requested the court to direct the Sindh government to ensure Sindh Local Government Act be made in the line with requirements of 140-A and the SC judgment and to restrain the ECP from announcing schedule of the LG elections in Sindh before delimitation of the constituencies in Sindh and the election rolls are prepared.

The SHC’s division bench comprising Justice Muhammad Junaid Ghaffar and Justice Amjad Ali Sahito turned down the petitioner's counsel request for suspending the impugned notifications and observed that the court would hear the ECP.

The court issued notices to the federal and provincial law officers and called them to submit their comments on June 23.