SHC dismisses PTI, JI pleas against delay of Sindh LG polls scheduled for July 24

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KARACHI: The Sindh High Court has dismissed the petitions filed by the Pakistan Tehreek-i-Insaf and Jamaat-i-Islami against the postponement of the second phase of local government elections scheduled earlier for July 24 in Sindh.

Senior PTI leader Ashraf Jabbar Qureshi and JI Karachi chief Hafiz Naeem-ur-Rehman along with another party leader had impugned the July 20 notification issued by the Election Commission of Pakistan (ECP) to postpone LG polls planned to be held on July 24 in the Karachi and Hyderabad divisions and fix Aug 28 as the new date for polling.

A two-judge bench comprising Chief Justice Ahmed Ali M. Shaikh and Justice Yousuf Ali Sayeed observed that the impugned notification for postponement was issued for due cause and it was a matter of public record that there had been heavy rainfall across the province, causing widespread devastation and several districts had been declared calamity-hit areas.

The bench in its order noted that the impugned notification itself was silent on the reason for postponement, but the July 18 letter of the provincial election commissioner to the ECP secretary reflected that such action was taken due to the forecast of thunderstorms and torrential rain in Karachi and Hyderabad divisions.

Bench endorses reasons behind ECP’s July 20 decision to delay elections in Karachi, Hyderabad

“Indeed, as it transpired, the weather conditions on the 24th and 25th of July were such as would have completely undermined any meaningful voter turnout. As such we see no cause for interference on that score, especially when the functionaries of the Election Commission in attendance have also stated that the elections are intended to take place as per the present schedule,” it added.

The order, authored by Justice Sayeed, further said that the lawyers for petitioners had nonetheless expressed their apprehension that there was a possibility of tempering with the printed ballot papers and sought some directions for their safe custody.

“However, we are not inclined to interfere on the basis of a mere apprehension in the absence of any cogent material to demonstrate that the concerned authorities are acting in dereliction of their responsibility under the relevant laws. As such, the petitions stand dismissed in the above terms”, it concluded.

The petitioners had submitted that the LG elections were already being held after an inordinate delay as the ECP was bound to hold elections within 120 days while the four-year tenure of the last elected local governments in Sindh had expired on Aug 30, 2020.

The PTI leader in his petition contended that the ECP in connivance with the Pakistan Peoples Party and Muttahida Qaumi Movement-Pakistan was delaying the LG elections with mala fide intentions as they were afraid of the PTI’s popularity after recent by-elections in Punjab.

The JI leaders in their petitions argued that postponement of the LG polls was made with mala fide intention and presently, administrator of Karachi was a political person and allegedly providing government machinery and funds to candidates of the PPP to promote and built their campaign and image.

Published in Dawn, August 24th, 2022

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