KARACHI, May 21: The Sindh High Court stayed the operation of its order for reinstatement of the relieved nazims and deputy nazims of four bifurcated districts for another three days on Saturday. Additional Advocate-General M. Ahmed Pirzada moved an urgent application on behalf of the provincial government saying that a division bench, while allowing a petition moved by the nazims and deputy nazims on May 10, had suspended its order for 10 days to enable the respondent provincial government to challenge it before the Supreme Court.
He said a civil petition for leave to appeal has been filed but could not be fixed for hearing despite hectic efforts.
The AAG sought a 14-day stay in order for the appeal to be heard by the Supreme Court. He said a serious confusion would result if the petitioner nazims and deputy nazims were allowed to take charge of two districts each under the impugned judgment.
He recalled that the advocate-general had sought a longer stay at the time of announcement of the judgment on May 10.
The division bench, comprising Justices Sarmad Jalal Osmany and Zia Pervez, which specially assembled on Saturday, issued notices in the application to the petitioners for May 24 and stayed the operation of the impugned verdict in the meanwhile by an interim order.
Petitioners Khursheed Ahmed Junejo, Pir Syed Shafqat Shah Jilani, Mir Shabbir Ali Bijarani and Malik Asad Sikandar Khan were to assume charge as nazims of the old and newly-created districts of Larkana and Shahdadkot (Kambar); Mirpurkhas and Umerkot; Jacobabad and Kashmore; and Dadu and Jamshoro, respectively, under the May 10 judgment.
The bench held that any redemarcation of districts was to be given effect from the subsequent local government polls and the nazims could not be removed except under the provisions for internal and external recall contained in the Sindh Local Government Ordinance, 2001.
The respondent government said in its appeal that districts validly constituted under the Sindh Land Revenue Act, 1967, were to be treated as such for establishment of district governments. One nazim could not head local government in two separate revenue and electoral districts, in one of which he was not registered even as a voter, it said.
The appellant government has sought stay of the impugned order but the Advocate Abdul Hafeez Pirzada has entered a caveat on behalf of the nazims and deputy nazims in the Supreme Court.
