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HYDERABAD: A division bench of Sindh High Court Hyderabad circuit on Monday issued notices to the secretary of local government, election commissioner of local bodies, Hyderabad Mayor Syed Tayyab Hussain and returning officer for coordination committee election of the Hyderabad Municipal Corporation (HMC) for Dec 11, challenging election schedule of the HMC Council’s committees.
The bench, comprising Justice Mohammad Iqbal Kalhoro and Justice Khadim Hussain M. Shaikh, issued the notices on a petition filed by Allah Bux Pasha Qazi, a member of HMC’s Council.
Mr Qazi said he was the opposition leader in the HMC Council. He added that he learnt on Nov 2 that respondents, including mayor, returning officer for the coordination committee and election commissioner of the local bodies had announced an election schedule for coordination and sub-coordination committees of the HMC on Oct 25.
He said the aforesaid election was a clear violation of Section 12(2) and Section 16(1) of Sindh Local Councils (Election) Rules. He said the entire process of respondents was in violation of Section 84 of Sindh Local Government Act 2013. He stated that it was pertinent to mention that committees and sub-committees were to be formed in 90 days as per law after oath-taking of the mayor.
He, however, said that on the contrary such elections were being held after a lapse of two years.
He said the petitioner was condemned unheard as no publication required under rules was circulated in the official gazette or any newspaper. He said the petitioner was not served with any mandatory notice for holding of such election.
He said the schedule of election process was concealed not only from him, but also from general public. He said that when he learnt about it, he submitted application to the respondent returning officer, but in vain.
He prayed to the court to declare the schedule announced by the returning officer as null and void.
He said the operation of the entire election process should be suspended.
Published in Dawn, November 8th, 2017
