Headed by SHC Chief Justice Faisal Arab, the division bench passed this direction while disposing of petitions filed by the Muttahida Qaumi Movement against the redrawing of constituencies in Malir and Korangi districts. The petitioners were asked, however, to file fresh applications if they intend to object to the specific areas bifurcated between the two districts.
The petitioners had taken the provincial government and the election commission to court for allegedly committing irregularities in the delimitation process. They had argued that Deh Murad Memon, which had long remained in district Malir, had been excluded and included into the recently created district of Korangi.
Barrister Farogh Naseem, who represented the MQM, stated that Korangi was created as a new district in 2013 by including parts from other districts. This new district did not comprise any of the localities falling in Malir district, except Deh Murad Memon.
It was argued that the exclusion of Deh Murad Memon from Malir and its inclusion into Korangi had resulted in overlapping of the boundaries. The court was, therefore, pleaded to declare the present delimitation in Korangi and Malir districts as illegal. Furthermore, the MQM leaders had urged the court order the authorities to conduct the upcoming local government polls in the two districts on the basis of old boundaries.
During Wednesday's proceedings, the provincial government's law officer contended that there is no irregularity committed in the fresh delimitation process as none of the areas has overlapped.
The SHC bench disposed of the petitions asking the petitioners to file objections in respect of any specific area with the authorities concerned.
Appeal: Sindh to challenge SHC’s earlier decision
The Sindh government has decided to challenge SHC's decision to nullify the delimitation in certain constituencies, said local government minister Syed Nasir Shah on Wednesday.
The court order and the subsequent election commission modification in the constituencies have created "confusion" because lots of union councils have now turned into town committees and many wards have been moved from one council to other, he said. "The constituency of candidates, who had earlier submitted their nomination forms in town committees, has been shifted to municipal committees," he explained.
Since the date to submit nomination papers has expired, Shah pointed out that these candidates cannot contest the upcoming elections. The election commission and even the courts have turned down the plea to give hundreds of candidates a chance to re-submit their papers in the newly modified areas, he said.
Published in The Express Tribune, October 1st, 2015.
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