Court ruling: SHC strikes down delimitations, leaving LG elections in a fray

This is the second time that the SHC has ruled against Sindh’s delimitation process

KARACHI: The much-talked-about local bodies' elections in Sindh suffered yet another blow on Friday as the Sindh High Court (SHC) struck down the process of delimitation of local bodies' union councils and committees in several districts where rural areas were merged with the urban areas of these constituencies. This is the second time that the SHC has ruled against the process of delimitations adopted by the Sindh government.

A division bench, headed by SHC Chief Justice Faisal Arab, also allowed different petitions challenging the delimitation process in different parts of the province.

Around two years ago, the high court had also nullified the process adopted by the provincial authorities to redraw the electoral constituencies for the local bodies' elections.

Friday's ruling came on various petitions filed by the Muttahida Qaumi Movement (MQM), Advocate Mureed Ali Shah and others, challenging the delimitation of the union councils and committees in various districts.

The petitioners had contended that the ongoing delimitation of local bodies' constituencies was being carried out in several districts of the province in violation of the Sindh local bodies and delimitation of constituencies' laws and the Supreme Court orders.

Briefing journalists after the announcement of the short order, MQM lawyer Barrister Farogh Naseem said that the SHC division bench had announced the short order in the presence of the government's law officers and petitioners while the detailed order will be released on Saturday.

The SHC has struck down all such notifications, regarding the delimitation of local bodies' union councils and committees in which rural areas were merged with urban areas and in some districts, urban areas were included in rural areas, explained the MQM lawyer.

He said that the court has also directed the Election Commission of Pakistan to revise the delimitation process in such constituencies within five working days.

Regarding the induction of various rural and urban areas of Korangi and Malir districts in Karachi, Barrister Naseem said that the court has kept aside these matters and they will be heard and decided in separate proceedings.

Mureed Ali Shah, who had challenged the delimitation of different union councils and committees in district Naushero Feroze, said that the court has also directed the election commission to initiate proceedings under Section 10 (A) of the Delimitation of Constituencies Act to rectify the irregularities in the delimitation process of union councils and committees in various districts of the province.

Published in The Express Tribune, September 19^th,  2015.