Pakistan

Sindh local bodies: SC stays polls on indirect seats

Sindh’s mayors, deputy mayors may have to wait for at least two more weeks for elections

Hasnaat Malik February 17, 2016

PHOTO: AFP

ISLAMABAD:

The process for electing mayors and deputy mayors for the local government set-up in Sindh has been delayed once again after the Supreme Court on Wednesday stayed the elections.

A three -judge bench of the apex court, headed by Justice Gulzar Ahmad, on Wednesday heard the provincial government’s plea against Sindh High Court’s order.

The SHC had on February 10 overturned amendments to Sindh’s local government law which bound election of reserved seat members through a show of hands after the Muttahida Qaumi Movement (MQM), the Pakistan Muslim League-Functional (PML-F) and others had pleaded that the court set aside the amendment claiming that it violated Article 266 of the Constitution.

Subsequently, the Election Commission of Pakistan (ECP) had fixed polling dates for indirect seats of district councils, municipal corporations, district municipal corporations and Metropolitan Corporation on February 20 whereas for indirect elections of seats of Union Councils, union committees, town committees and municipal committees on February 22.

But the provincial government challenged the court’s order in the SC on February 16.

Farooq H Naek, who appeared on behalf of the Sindh government before the bench on Wednesday, argued that the SHC had failed to appreciate the provincial assembly’s right to legislate on all matters falling within their respective domains including matters relating to the election of local government.

He added that separation of powers allows a government duly elected by the people to exercise its executive power.

“The high court has failed to appreciate that the provincial autonomy desired by the people of Pakistan and reflected in (the) 18th amendment to the Constitution, envisages strengthening the provincial legislature and executive authorities,” Sindh said in its petition.

The provincial government explained amendments made to the Sindh Local Government Act were intended to make the elections transparent, fair and free to avoid corrupt practices.

Farogh Naseem, who was representing the PML-F, expressed his apprehension over the suspension of the SHC’s order.

On this Justice Ahmed remarked that the court wanted to hear the matter in greater detail. The bench stopped short of suspending SHC’s order, but maintained status quo which would see elections set for February 20 to 22 to be delayed.

Asking the SHC to issue a detailed judgment in the case within seven days, it adjourned further hearings on the petition till March 3. Elections are not expected to be held till the SC issues an order to this respect.

Published in The Express Tribune, February 18^th, 2016.

COMMENTS (1)

S.R.H. Hashmi | 8 years ago | Reply Karachi, the biggest city of Pakistan, with a population bigger than that of many countries, continues to suffer the misfortune of being (mis) governed by Peoples Party and that, too, from a seat of government situated far away, somewhere in the interior Sindh, not that locations close by in the interior Sindh fare any better. And now the seat of government has moved further away to Dubai, making it even more distant.. In these circumstances, the masses are grateful to the courts which show concern for the welfare of the masses and force governments on important issues like holding of the much needed local bodies elections. And it was again on the petition of some concerned political parties that the Sindh High Court overturned amendments to Sindh’s local government law relating to election on reserved seats. However, on appeal from the Sindh Provincial Government, represented by Farooq H Naek - who seems to have devoted his life to fight for protecting the rights of the corrupt on earth – and who argued before the Supreme Court that the SHC had failed to appreciate the provincial assembly’s right to legislate on all matters falling within their respective domains including matters relating to the election of local government, which right has been given to them by the people of Sindh who elected them. And the Supreme Court Bench has accepted the case for hearing on March 3. Since the Sindh Assembly members derive their powers through the masses which have elected them, it follows that such powers can only be exercised to further their interest, and not against these. However, repeated hacking of the Sindh Local Government Act by the Peoples Party, stripping it of most of its financial and other powers and not holding elections for years even for the much depleted local bodies proves that the lawmakers have failed to discharge their duties as required, in the interest of the masses , as proved beyond any shadow of doubt by big heaps of rubbish piled all across the city as well as their failings in respect of other duties.. It is therefore hoped that the SC bench will decide the matter in the interest of the public and will do it soon, so as not to enable the government to delay further the already long-delayed local government elections. Karachi.

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