HYDERABAD: The Sindh High Court, Hyderabad circuit bench, on Thursday asked the Election Commission of Pakistan (ECP) to file its reply within the next six days on a petition challenging fixing of the PS-52 (Umerkot-II) by-election on a date beyond 60 days.

When the petition came up before the bench, the counsel for the ECP sought time to submit a reply.

Granting his request, the court gave the ECP six days’ time and adjourned further hearing of the case till Feb 26.

The seat had fallen vacant on account of the death of Pakistan Peoples Party MPA Syed Mardan Ali Shah on January 19. He had been elected from the constituency five times.

Barrister Zamir Ghumro, appeared for the petitioner, Burhan Kumbhar, submitted in court that the ECP had on Jan 22 notified the seat having fallen vacant and under Article 224(4) of the Constitution, it was supposed to hold a by-election on the seat within 60 days.

He informed the bench that the returning officer concerned had fixed March 17 as the date for the PS-52 by-poll but on Feb 13, through another notification the election was rescheduled for April 15. This date, he argued, appeared beyond the 60-day limit as provided in the Constitution.

The counsel asked the court to declare the Feb 13 notification unlawful and direct the ECP to fix a date falling within the 60-day period.

Published in Dawn, February 21st, 2020