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
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 18th, 2016.
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 18th, 2016.