KARACHI: The Sindh High Court on Thursday directed the provincial government not to notify till Oct 19 the revised delimitation of certain local government constituencies as proposed by the Election Commission of Pakistan.

A two-judge bench headed by Chief Justice Faisal Arab gave the restraining order while hearing a constitutional petition of the provincial government against the revised delimitation of some local government constituencies.

The Sindh government had filed the petition against the ECP and others through LG Secretary Imran Atta Soomro.

The SHC had on Sept 18 cancelled the delimitation of certain constituencies made by the provincial government for the upcoming LG elections ordering the ECP to revise them within five days. The SHC’s decision had come on over three dozen petitions challenging the delimitation of certain constituencies across the province, including Karachi, Hyderabad, Tando Allahyar and Mirpurkhas.

The petitioner said that the ECP did not adhere to the guidelines with regard to territorial unity/distinctions between urban and rural areas in several constituencies while carrying out delimitation.

According to him, pursuant to the high court’s order a committee headed by the provincial election commissioner was constituted, which recommended certain changes in the delimitation of some electoral constituencies and abolished certain councils.

The LG secretary stated that the provincial government opposed the changes on the ground that the election schedule had already been announced and, therefore, delimitation at this stage would affect the election process. However, the ECP asked the chief secretary to notify the revised constituencies.

He asked the court to declare the ECP decisions regarding the constituencies illegal.

On Thursday, Advocate Farooq H. Naek appeared on behalf of the provincial government and told the judges that the ECP in its letters on Sept 23 and 27 asked the government to issue a notification for abolishment of certain union councils and union committees.

He said that the first phase of the LG elections in the province was scheduled to be held on Oct 31 and the implementation of the ECP proposals regarding the revised constituencies would adversely affect the process of elections.

The provincial government’s counsel submitted that delaying the LG polls would be tantamount to disfranchising the people of the province.

He said that the LG elections were bound to be delayed if the proposal made by the ECP for revised constituencies were implemented.

Besides, he said that it was the prerogative of the provincial government to delimit the constituencies under the electoral laws.

He asked the court to suspend the operation of the ECP’s letters asking the provincial government to issue the notification for the revised constituencies made by the election commission without a public hearing as required by the electoral laws.

After hearing the arguments of Advocate Naek, the bench ordered that the implementation of the ECP’s letters for issuance of notification by the provincial government for the revised constituencies was postponed till Oct 19 when the court would again take up the matter.

In the meantime, the court ordered, exercise shall be done by the provincial election commission along with the provincial government for fresh delimitation if any.

LG polls will be held in three phases across Sindh. In the first phase, the LG elections are scheduled to be held in Sukkur and Larkana divisions on Oct 31. The second phase is scheduled for Nov 19 when the local elections will be held in Hyderabad, Mirpurkhas and Benazirabad divisions. The remaining six districts of Karachi will see LG elections on Dec 3.

Published in Dawn, October 16th, 2015

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