SHC dismisses JI’s plea seeking stay against mayoral election

The Sindh High Court (SHC) on Wednesday dismissed Jamaat-e-Islami's petition seeking a stay order against Karachi's mayoral election, which is scheduled for Thursday (today).

A two-member bench, however, agreed to hear a petition challenging the Sindh Local Government Act 2013.

The SHC dismissed the plea to suspend the Election Commission of Pakistan (ECP)'s notification for the mayoral election on June 15 and scheduled a hearing on JI Karachi chief Hafiz Naeemur Rehman's objection to the revision of the Sindh Local Government Act for June 22.

During the proceedings, the court questioned Jamaat-e-Islami's lawyer about the need for an interim order or injunction. The lawyer responded by stating that the amendment contradicts the fundamental principles of Article 140-Aof the Constitution and that all stages of the legislative process, including the election schedule, were done in bad faith. The lawyer argued that the ECP's notification for the mayoral election is unlawful.

The court further questioned the authority of the ECP to make decisions and issue notifications. The lawyer emphasised the importance of considering the objectives of the amendment and the fundamental principles of the law.

The court asked whether the intention was to halt the election, the final declaration, or the oath-taking process.

The lawyer replied that due to the significance of the matter, the process should not be completed until a decision is made regarding the legislation. The court raised concerns about who would handle the affairs if the election was suspended, to which the lawyer stated that the administrators are currently handling the situation.

The court took note of the timing of the case, with the law being passed on May 20 and the petition being filed on June 7.

Published in The Express Tribune, June 15^th, 2023.