Petitions against 'direct election of mayor' dismissed

A two-member bench of the Sindh High Court headed by Chief Justice Muhammad Shafi Siddiqui quashed the petitions filed by Jamaat-e-Islami (JI) Pakistan Ameer, Hafiz Naeem-ur-Rehman and others against the direct election of Mayor Murtaza Wahab. The court has said in the remarks that reasons in this regard would be issued later.

Petitioner's counsel Tariq Mansoor Advocate gave counter arguments and submitted that the arguments given by the lawyers for the parties referenced the time line starting from the year 2022. The CJ remarked saying, the references you are giving in the counter arguments do not go in your favour. A poll was first established for the mayor election and after that, the election was conducted.

Advocate Tariq Mansoor argued that the local government elections in Sindh were conducted in two phases and the notification issued for holding the election was also amended with the polling day has been moving forward for a year. A request was made before the Chief Justice regarding holding an election, on which an order was issued. The court had ordered that elections should be conducted within three months.

The Chief Justice remarked that the election you are talking about has nothing to do with the election of the mayor. What you are getting at is that since the election process commenced in 2020, the amendment should not affect it.

Tariq Mansoor Advocate in his arguments submitted that for the election of mayor and deputy mayor it is necessary that they should be elected from among the elected members. He argued that there are judgments in this regard which cited that the amendment does not apply. The court remarked that your arguments are that the person who brought the vote is elected. Your arguments seem very outdated.

Tariq Mansoor advocate stated that the constitution says that no such legislation can be enacted which affects the rights of citizens. Citizen's right to vote has been affected. Local amendment is an excess of powers. Rules of Procedure of the Provincial Assembly have also been violated.

The court remarked that you want to argue against the assembly process? Tariq Mansoor Advocate said that the Gazette Notification of the Bill was issued on May 15, 2023. The Act was passed on May 12.

The court remarked that the passing of a bill is a separate matter, publication in the Gazette is separate.

The court dismissed the petitions with remarks that reasons will be issued later.