[Un]constitutional amendment? Dual nationality holders’ eligibility to contest elections challenged

The petitioner claimed the amendment was against the Supreme Court ruling

KARACHI: The Sindh High Court (SHC) repeated on Monday notices to the provincial chief secretary and the secretary for the law and local government departments on a petition challenging an amendment in the Sindh Local Government Act, 2013, that allows citizens with dual nationalities to contest the upcoming local bodies' elections in the province.

A division bench, headed by Justice Sajjad Ali Shah, asked them to file the comments by September 9. Advocate Zulfiqar Ali Domki had challenged the amendment to the Section 36(1) (c) of the Act. He said that the Sindh Assembly, on August 12, passed the Sindh Local Government (Third Amendment) Bill, 2015, whereby omitting the clause (c) of sub-section 1 of Section 36 of the law. In this section, around 11 conditions relating to the qualification of a candidate to contest the local government elections were described in detail, he added.

He argued that the omitted clause stated that: "He ceases to be citizen of Pakistan; or acquires the citizenship of a foreign state" as one of the conditions on the basis of which a prospective candidate could be disqualified from contesting the local bodies' elections.

The petitioner argued, however, that the amendment was a clear violation of the judgment given by the Supreme Court in the case relating to dual nationality of members of the parliament. "This amendment was made with mala fide intent and is not sustainable. Actually, the amendment was made to accommodate the near and dear of the ministers, MNAs and MPAs, of the ruling party," claimed Domki.

He argued that the aforesaid amendment by the Sindh government is contrary to constitutional provisions. "In other provinces, there is a constitutional bar on those candidates who have dual nationality," he pointed out.

Domki pleaded the court declare the Local Government (Third Amendment) Bill, 2015, illegal, contrary to the constitutional provisions and a violation of the SC judgment. Thus, the court may strike down this amendment, he requested in the plea.

At the last hearing, notices were issued by another bench of the court. On Friday, a division bench, headed by Justice Sajjad Ali Shah, was informed that the respondents had not filed comments despite issuance of notices.

Directing the respondents once again to file their comments, the bench adjourned the hearing till September 9.

Published in The Express Tribune, September 8^th,  2015.