KARACHI: The Sindh High Court on Tuesday directed all parties concerned to come prepared on Wednesday (today) to advance arguments on a petition filed by the Jamaat-i-Islami (JI) challenging an amendment to the Sindh Local Government Act 2013 that paved the way for unelected persons to become mayor/deputy mayor.
JI Karachi chief and its candidate for the city mayor Hafiz Naeemur Rehman petitioned the SHC after the ruling Pakistan Peoples Party fielded unelected Barrister Murtaza Wahab for the same office following the amendment to LG law.
The petitioner asked the court to declare the amendment ultra vires of the Constitution.
Barrister Wahab and PPP’s nominee for deputy mayor Salman Murad also filed applications to become interveners in the proceedings.
A two-judge bench, headed by Justice Yousuf Ali Sayeed, ruled that the issue would be decided after hearing all parties.
It partly heard arguments from the lawyers for the petitioner, respondents, interveners and advocate general (AG) and directed them to come prepared on Wednesday (today) for remaining arguments.
At this, the AG asked the bench to adjourn the hearing for a week; however, Justice Sayeed questioned him about the fate of the June 15 mayoral election if the petition was allowed. The AG replied that then the entire electoral process would be reversed.
The electoral colleges will elect mayor, deputy mayor of the Karachi Metropolitan Corporation as well as chairmen and vice chairmen of 25 town municipal corporations on Thursday (tomorrow).
Hafiz Naeem in his petition submitted that last month the provincial assembly had amended Section 3 of the SLGA allowing unelected persons to become mayor/deputy mayor and chairman/vice chairman of a district municipal corporation or district council and a notification in this regard was issued on May 24.
The petitioner further submitted that the impugned amendment was geared towards the ad hoc and recurrent election/appointment of persons on the posts of mayor/chairman while very intention of the Constitution was that power and authority have to be exercised through chosen representatives.
Published in Dawn, June 14th, 2023
