In session: ECP Sindh empowered to redraw constituencies

The MQM was not present in the assembly hall when this law was adopted

KARACHI: In order to implement the Supreme Court's decision, the provincial assembly passed a law to handover the union councils' delimitation powers to the election commission during Monday's session. 

This means that now the provincial election commission can carry out the delimitation process by marking the limits of union councils, union committees, municipal committee wards, town committees and corporations before holding the local government elections.

Parliamentary Minister Dr Sikandar Mandhro insisted that, as per article 140 of the Constitution, the provincial government was supposed to carry out the delimitation process and hold local government (LG) elections. "But we are now handing these powers over to the election commission and comply with the Supreme Court's decision," he said while moving the Sindh Local Government Amendment Bill of 2014.

Chief Minister Qaim Ali Shah briefed the MPAs and said that Sindh was the first province to pass the local government act in 2013. He added that they finished the delimitation process a year ago so they could hold the LG election, but the Muttahida Quami Movement (MQM) and other parties challenged it.

"The existing law says something different and the court has interpreted it in a different way," he said. "The president of Pakistan has also decided to follow the court's order. The provincial governments have no other option but to surrender their power to the election commission."

Panels and elections

Although the Sindh government has made the decision to do what the apex court asked, there was no mention to honour the court's directives to strike down the provisions for the formulation of panels to contest the LG elections. As per the Sindh Local Government Act 2013, candidates contesting the elections must form a panel of a group of people with one electoral symbol.

"Whether the candidates are independent or belong to any other groups, they have to form a like-minded group to contest LG election," reads the law. Dr Sikandar Mandhro, however, explained this further: "The court has declared this amendment null and void," he said. "This means these that panels and other controversial things are no more part of the LG law." He added that the legislation on delimitation was done the way the court had ordered.

As the bill was moved to make the law, a few members from opposition raised their objections. "You are violating the rules of the provincial assembly," said Pakistan Muslim League-Functional's MPAs Nand Kumar and Nusrat Seher Abbasi. "The bill cannot be passed within minutes. The members of this House should be given two days for the bill to be referred to a standing committee for feedback."

The parliamentary affairs minister said that they could relax the rules and pass the resolution in case of an emergency, as long as they have the speaker's permission. "The apex court has given us a two-day deadline," he said. "We cannot wait for further deliberation on this minor amendment to the law which has already been passed in consultations with various stakeholders in 2013."

The MQM was not present in the assembly hall when this law was being passed.

Seven resolutions passed

During Monday’s session the assembly adopted a total of seven resolutions, including one congratulating Malala Yousafzai on the Nobel peace prize.

PML-F’s MPA Mehtab Akbar Rashdi demanded to establish a bureau of translation so Sindhi literature could be translated into other languages. She suggested that the bureau could be named after famous Sindhi writer Ibrahim Joyo.

Four different resolutions were moved by PPP MPAs, including Nusrat Sultana, Sharmila Faruqui, Erum Khan, Khairunisa Mughul to congratulate PPP chairperson Bilawal Bhutto Zardari on launching his political career on Saturday.

The assembly also passed a resolution paying tribute to the Pakistan Army on waging the war against militants. This resolution was moved by Nusrat Seher Abbasi.

Published in The Express Tribune, October 21^st, 2014.