Karachi: Sindh High Court (SHC) on Monday rejected amendments in local government laws, which the provincial Sindh assembly had approved in haste, and ordered the government to hold the elections as per the 2001 electoral constituencies.
The changes had been recommended by the Pakistan People’s Party (PPP).
The two-member SHC bench, headed by justice Sajjad Ali Shah, held the amendments unconstitutional. It also ordered the provincial government to redraw limits of the electoral constituencies in Hyderabad, Larkana, Sukkur, Mipurkhas and Karachi.
The verdict could cause delay in the local government elections, scheduled to be held on January 18.
The ruling PPP had amended the Sindh Local Government Law (SGLC) recently amid boycott of Muttahida Qaumi Movement (MQM), Pakistan Muslim League-Functional, Pakistan Muslim League-Nawaz.
The MQM had already filed a petition against the arbitrary legislation and PML-F and PML-N also joined in the petition in the court.
On Monday the court disposed off the matter reverting the amendments in the law and advised the provincial government to approach to the Supreme Court if it believed that the delimitations of the electoral constituencies was necessary. For amending the laws for the sake of fresh delimitation a significant time was required and the apex court could allow any extension in the election schedule.
The court also set aside the amendment that made it mandatory for the candidates to contest election in the form of a panel instead of contesting the election individually. The verdict said the new clause was contrary to the constitution that guarantees equal rights to every citizen.
The PPP government decided to file petition in the Supreme Court.
Chief minister Syed Qaim Ali Shah said his government would challenge the verdict and approach to the Supreme Court in this regard.
The apex court has already given several extensions for holding the local government elections and according to the latest schedule the much-delayed elections were due on January 18. Thousands of candidates from all the political parties had filed their nominations till late Sunday night.
MQM lawyer Farogh Naseem hailed the verdict as historic. While admitting there would be a little shuffle in the nomination papers because of the verdict he said it did not mean that the elections would be postponed.
However, provincial minister for local government, Sharjeel Memon, said that verdict made it impossible to hold the election on January 18. He said that the government would review the detail verdict of the court and subsequently chalk out further planning.
He further said it was the prerogative of the provincial assembly to make laws.
MQM provincial legislators also held a press conference to hail the SHC verdict. They, however, wanted the elections to be held as per schedule instead of pushing them further under the pretext of the court orders.
