SHC sends ECP notice over PS-52 by-election delay
Separately, SHC asks EOBI secretary for details of pension for Baldia factory fire affectees
Representational image. PHOTO: REUTERS
HYDERABAD/KARACHI:
The Sindh High Court's (SHC) Hyderabad circuit bench put the Election Commission of Pakistan (ECP) on notice on Wednesday in a petition challenging the delay in holding a by-election for the PS-52 constituency in Umerkot district.
The seat in question fell vacant after the demise of former Pakistan Peoples Party MPA Syed Ali Mardan Shah, who had been elected five times from the same constituency, on January 19.
The petitioner's counsel, Zameer Ghumro, briefed the court that the ECP issued a notification of the seat's vacancy on January 22. Citing Article 224-4 of the Constitution, the lawyer asserted that the ECP had to hold the by-election within 60 days of declaring the seat vacant.
He stated that on February 12, the commission had issued a notification fixing a date that was within the required timespan. However, he went on to say, another notification was issued the very next day, scheduling the by-poll for April 15.
"[The date of the by-election] is beyond the constitutional limit," Ghumro contended, accusing the ECP of violating the Constitution without even attempting to justify the delay.
As per the earlier notification, the PS-52 returning officer had fixed March 17 as the by-election date. The new notification, however, stated that the election schedule would be announced on February 29, with April 15 being the probable date for it. The ECP referred to Sections 57, 58 and 102 of the Elections Act, 2017, as well as Article 254 of the Constitution in this notification.
However, Ghumro argued, these sections of the Elections Act did not permit the commission to cross the 60-day limit.
The petitioner prayed the court to declare the February 13 notification unlawful and order the ECP to conduct timely by-elections.
The bench adjourned the hearing for a day and directed the ECP and Provincial Election Commission to submit replies on Thursday (today).
Compensation for Baldia fire
In Karachi, the SHC summoned the Employees Old-Age Benefits Institution (EOBI) secretary, ordering him to submit details pertaining to the non-payment of compensation for those affected by the Baldia factory fire.
A two-member bench, comprising Justice Omar Sial and Justice Yousuf Ali Sayeed, was hearing a plea pertaining to the non-payment of additional compensation of Rs560 million.
The petitioner had maintained that the payment of pension to most of the affected families had been stopped, and those still receiving payment were receiving very small amounts. He added that only Rs300,000 had been paid to the families due to the negligence of the Sindh government, which had concealed important information regarding the payment. Furthermore, despite an announcement made by provincial minister Nasir Hussain Shah, the additional Rs560 million had not been released.
Pointing out that the compensation could be paid to the families in a lump sum under the SHC's authority, the petitioner moved the court to order the payment to be made in the lump sum.
The bench asked the assistant general why the EOBI secretary did not appear in court, on which the government lawyer said that the Sindh government did not have complete authority regarding the EOBI.
The court ordered the EOBI secretary to submit the details pertaining to the pension in the next hearing, which is to be held on March 18.
Appeal rejected
A two-member bench, comprising Justice KK Agha and Justice Saleem Jessar, rejected a convict's appeal against the sentence awarded to him in a murder case.
The court ordered that the life imprisonment sentence handed to Fazalur Rehman by the trial court should be maintained.
According to the police, Rehman had killed a man, Barkat, because of personal enmity.
Stray dogs
The bench comprising Justices Sial and Sayeed also ordered officials to appear before the regular bench over a plea against the abundance of stray dogs and the unavailability of anti-rabies vaccines in Sindh's hospitals.
The additional health secretary, local government secretary and additional local government secretary appeared in court and submitted progress reports. The bench ordered them to appear before the regular bench at the next hearing, and adjourned the hearing till March 3.
Challenging eligibility
The same bench adjourned the hearing of a plea challenging the eligibility of Pakistan Tehreek-e-Insaf leader Haleem Adil Sheikh to hold a seat in the provincial assembly, without any proceedings.
The petitioner had maintained that Sheikh had omitted details of his daughters' expenses, being paid from an American bank account, in the nomination papers submitted to the ECP. Furthermore, he asserted, the details of a poultry complex owned by the politician were not mentioned either.
The plea moved the court to declare Sheikh ineligible.
The bench adjourned the hearing till March 19.
Published in The Express Tribune, February 20th, 2020.
The Sindh High Court's (SHC) Hyderabad circuit bench put the Election Commission of Pakistan (ECP) on notice on Wednesday in a petition challenging the delay in holding a by-election for the PS-52 constituency in Umerkot district.
The seat in question fell vacant after the demise of former Pakistan Peoples Party MPA Syed Ali Mardan Shah, who had been elected five times from the same constituency, on January 19.
The petitioner's counsel, Zameer Ghumro, briefed the court that the ECP issued a notification of the seat's vacancy on January 22. Citing Article 224-4 of the Constitution, the lawyer asserted that the ECP had to hold the by-election within 60 days of declaring the seat vacant.
He stated that on February 12, the commission had issued a notification fixing a date that was within the required timespan. However, he went on to say, another notification was issued the very next day, scheduling the by-poll for April 15.
"[The date of the by-election] is beyond the constitutional limit," Ghumro contended, accusing the ECP of violating the Constitution without even attempting to justify the delay.
As per the earlier notification, the PS-52 returning officer had fixed March 17 as the by-election date. The new notification, however, stated that the election schedule would be announced on February 29, with April 15 being the probable date for it. The ECP referred to Sections 57, 58 and 102 of the Elections Act, 2017, as well as Article 254 of the Constitution in this notification.
However, Ghumro argued, these sections of the Elections Act did not permit the commission to cross the 60-day limit.
The petitioner prayed the court to declare the February 13 notification unlawful and order the ECP to conduct timely by-elections.
The bench adjourned the hearing for a day and directed the ECP and Provincial Election Commission to submit replies on Thursday (today).
Compensation for Baldia fire
In Karachi, the SHC summoned the Employees Old-Age Benefits Institution (EOBI) secretary, ordering him to submit details pertaining to the non-payment of compensation for those affected by the Baldia factory fire.
A two-member bench, comprising Justice Omar Sial and Justice Yousuf Ali Sayeed, was hearing a plea pertaining to the non-payment of additional compensation of Rs560 million.
The petitioner had maintained that the payment of pension to most of the affected families had been stopped, and those still receiving payment were receiving very small amounts. He added that only Rs300,000 had been paid to the families due to the negligence of the Sindh government, which had concealed important information regarding the payment. Furthermore, despite an announcement made by provincial minister Nasir Hussain Shah, the additional Rs560 million had not been released.
Pointing out that the compensation could be paid to the families in a lump sum under the SHC's authority, the petitioner moved the court to order the payment to be made in the lump sum.
The bench asked the assistant general why the EOBI secretary did not appear in court, on which the government lawyer said that the Sindh government did not have complete authority regarding the EOBI.
The court ordered the EOBI secretary to submit the details pertaining to the pension in the next hearing, which is to be held on March 18.
Appeal rejected
A two-member bench, comprising Justice KK Agha and Justice Saleem Jessar, rejected a convict's appeal against the sentence awarded to him in a murder case.
The court ordered that the life imprisonment sentence handed to Fazalur Rehman by the trial court should be maintained.
According to the police, Rehman had killed a man, Barkat, because of personal enmity.
Stray dogs
The bench comprising Justices Sial and Sayeed also ordered officials to appear before the regular bench over a plea against the abundance of stray dogs and the unavailability of anti-rabies vaccines in Sindh's hospitals.
The additional health secretary, local government secretary and additional local government secretary appeared in court and submitted progress reports. The bench ordered them to appear before the regular bench at the next hearing, and adjourned the hearing till March 3.
Challenging eligibility
The same bench adjourned the hearing of a plea challenging the eligibility of Pakistan Tehreek-e-Insaf leader Haleem Adil Sheikh to hold a seat in the provincial assembly, without any proceedings.
The petitioner had maintained that Sheikh had omitted details of his daughters' expenses, being paid from an American bank account, in the nomination papers submitted to the ECP. Furthermore, he asserted, the details of a poultry complex owned by the politician were not mentioned either.
The plea moved the court to declare Sheikh ineligible.
The bench adjourned the hearing till March 19.
Published in The Express Tribune, February 20th, 2020.