Provincial govt submits petition in SC against Sindh High Court ruling
Sindh High Court had declared that amendments to Sindh Local Government Act 2013 are illegal.
A hearing regarding the petition will be held in Islamabad on January 8.
KARACHI:
The Sindh government submitted a petition in the Supreme Court against the Sindh High Court's declaration that amendments to the Sindh Local Government Act 2013 are unconstitutional, Express News reported on Saturday.
The Sindh High Court (SHC) had announced its decision to declare the November 13 notification for delimitation in rural Sindh, and the November 21 notification for Karachi illegal.
The court had stated that the elections should be held according to delimitation that was done for the 2001 elections and if a new delimitation process is considered necessary, then an impartial forum should be made for that purpose.
On behalf of the Sindh government, the Sindh advocate general Khalid Jawed Khan submitted a petition against this decision in the Karachi registry of the Supreme Court today.
A hearing regarding the petition will be held in Islamabad on January 8.
Response to SHC's decision
After the Sindh High Court had made its decision, Sindh local government and information minister Sharjeel Inam Memon had said that the delimitation process will be repeated. He had added that the 2001 delimitation will not be used as it was done during Musharraf’s term to further his own agenda.
“The court’s decision is a welcome one,” Muttahida Qaumi Movement barrister Farogh Naseem had said. He had said sections 3, 4, 8, 13 as well as subsections 12 and 14 which had been added to section 18 of the bill were cause for disparities in the delimitation process adding that this was the reason why the court had declared these amendments unconstitutional.
Election Commission of Pakistan (ECP) officials had said the nomination papers were printed according to delimitations based on the amended bill. After the court’s decision, the legality of these papers is now in question.
The bill
The Sindh Assembly had passed the Sindh Local Government (Amendment) Bill 2013 on October 31, bringing about 31 amendments to the law amidst a protest and walkout by opposition groups.
While representatives of Pakistan Muslim League-Nawaz, Pakistan Muslim League-Functional and Pakistan Tehreek-e-Insaf had staged a walkout, MQM members stayed back to vote against the amendments.
Major amendments
All town committees, which existed prior to the enactment of the Sindh Local Government Ordinance 2001, now stand revived under the bill. Meanwhile, 22 per cent of the seats will be reserved for women, five per cent for non-Muslims and five per cent for labourers or peasants.
One member of the district council will be elected directly, while the municipal committees will elect chairmen and vice-chairmen among members by “a show of hands”.
The powers of town planning have been taken back from metropolitan corporations and handed over to the Sindh Building Control Authority, under the legislation.
No council can ink an agreement under public-private partnership to start any project without the permission of the Sindh government. In addition, the provincial government can now pass an order to remove a member and refer the matter to the election commission to issue a notification in this regard.
The Sindh government submitted a petition in the Supreme Court against the Sindh High Court's declaration that amendments to the Sindh Local Government Act 2013 are unconstitutional, Express News reported on Saturday.
The Sindh High Court (SHC) had announced its decision to declare the November 13 notification for delimitation in rural Sindh, and the November 21 notification for Karachi illegal.
The court had stated that the elections should be held according to delimitation that was done for the 2001 elections and if a new delimitation process is considered necessary, then an impartial forum should be made for that purpose.
On behalf of the Sindh government, the Sindh advocate general Khalid Jawed Khan submitted a petition against this decision in the Karachi registry of the Supreme Court today.
A hearing regarding the petition will be held in Islamabad on January 8.
Response to SHC's decision
After the Sindh High Court had made its decision, Sindh local government and information minister Sharjeel Inam Memon had said that the delimitation process will be repeated. He had added that the 2001 delimitation will not be used as it was done during Musharraf’s term to further his own agenda.
“The court’s decision is a welcome one,” Muttahida Qaumi Movement barrister Farogh Naseem had said. He had said sections 3, 4, 8, 13 as well as subsections 12 and 14 which had been added to section 18 of the bill were cause for disparities in the delimitation process adding that this was the reason why the court had declared these amendments unconstitutional.
Election Commission of Pakistan (ECP) officials had said the nomination papers were printed according to delimitations based on the amended bill. After the court’s decision, the legality of these papers is now in question.
The bill
The Sindh Assembly had passed the Sindh Local Government (Amendment) Bill 2013 on October 31, bringing about 31 amendments to the law amidst a protest and walkout by opposition groups.
While representatives of Pakistan Muslim League-Nawaz, Pakistan Muslim League-Functional and Pakistan Tehreek-e-Insaf had staged a walkout, MQM members stayed back to vote against the amendments.
Major amendments
All town committees, which existed prior to the enactment of the Sindh Local Government Ordinance 2001, now stand revived under the bill. Meanwhile, 22 per cent of the seats will be reserved for women, five per cent for non-Muslims and five per cent for labourers or peasants.
One member of the district council will be elected directly, while the municipal committees will elect chairmen and vice-chairmen among members by “a show of hands”.
The powers of town planning have been taken back from metropolitan corporations and handed over to the Sindh Building Control Authority, under the legislation.
No council can ink an agreement under public-private partnership to start any project without the permission of the Sindh government. In addition, the provincial government can now pass an order to remove a member and refer the matter to the election commission to issue a notification in this regard.