SHC dismisses petitions against delimitations

HYDERABAD:

The Sindh High Court, Hyderabad circuit bench, has dismissed multiple petitions challenging the delimitation of constituencies for the local government elections in Hyderabad, Badin, Dadu, Tando Allahyar, Tando Muhammad Khan and Jamshoro districts.

These petitions also include Muttahida Qaumi Movement-Pakistan's case against expansion of Hyderabad Municipal Corporation for inclusion of Qasimabad and Hyderabad talukas in the HMC. The party's petitions challenging the delimitation of LG constituencies in Mirpurkhas, Nawabshah and Tando Allahyar have also been dismissed.

The bench comprising Justice Khadim Hussain Tunio and Justice Zulfiqar Ali Sangi observed that new delimitations could not be carried out after the announcement of LG elections schedule. It added that the process of delimitations was an extensive exercise and required plenty of time to complete.

"The ECP has done nothing unlawful in delimiting the constituencies," observed the court. "If this court sets aside the delimitation process conducted by the ECP on the wishes of individuals, national interest will be widely affected," the bench observed.

The bench found that the petitioners' claims that their objections to the delimitations were not heard was unsubstantiated, pointing out that the ECP had set March 4 as the last date for submitting objections.

"No efforts were made by any of the petitioners to approach the court within the stipulated time," the bench observed. "Rather all of them have come too late into the electoral process seeking a change in the delimitation of constituencies which would hinder the whole election process that is to take effect on July 24."

The court also found fault with the petitioners who did not pursue their cases in the SHC. "... Most of these petitions were left unattended by the respective counsels for months," it observed. The bench also pointed out that it kept issuing notices to the petitioners for appearance while their lawyers were seeking adjournments."

The bench stated that entertaining the petitions will retard the entire electoral process besides opening floodgates of petitions by the people dissatisfied with the delimitations. "In most of these petitions, the petitioners are to blame for this delay in invoking this court's extraordinary jurisdiction under Article 199 of the Constitution which is discretionary."

Published in The Express Tribune, July 23^rd, 2022.