HYDERABAD: A crisis-like situation prevails in the Paretabad town committee as the controversy involving its (now disputed) chairman and his act of retaining his UC-51 chairman’s slot simultaneously has blocked operation of accounts.

TMC staff members and other employees are not getting their salaries and they are holding protests but local government (LG) officials and the lower tier management are unable to find legal remedies on their own.

The situation turned from bad to worse when LG Regional Director Ubedullah Siddiqui, citing a letter dated May 14 from the LG deputy director concerned, informed the additional chief secretary that the slot of Paretabad town committee chairman stood vacant. The slot of vice chairman also stood vacant, he declared citing the relevant rules.

The man at the centre of the controversy is Adnan Rasheed Rajput, who was elected as Paretabad town committee chairman with PPP’s support although he had earlier won the union committee-51 seat as a PTI candidate. He parted his company with PTI to win PPP’s support for his election as town chairman after PPP amended local government law in May 2023 days before mayoral election race. The amendment enabled all those who had not won direct elections of UCs to contest on seats like mayor, deputy mayor, chairman and vice chairman (of any town or UC). Nowadays, Rajput is again active in PTI.

Position under SLGA, 2013

LG Regional Director Ubedullah Siddiqui, in his May 16 letter to the additional chief secretary, explains that Adnan Rasheed in terms of Section 18(B) of Sindh Local Government Act, 2013 did not get himself elected as a member of the TMC after expiry of prescribed period (six months), hence his seat has fallen vacant with effect from March 3, 2024. Resultantly, he cannot continue as chairman unless he is elected as a member of the Paretabad TMC.

Mr Siddiqui also explains that the seat of the TMC’s vice chairman is also vacant in terms of the Section 18(B) hence provision of Section 80 (2) of the SLGA, 2013 that provides that “in case mayor, deputy mayor, chairman and vice chairman are absent, government may by notification entrust duties of mayor, deputy mayor, chairman and vice chairman, as case may be, to some other member”.

The above legal position, said Mr Siddiqui’s letter, was brought to the notice of government for information and guidance for reasons that entire financial management of the council had been stuck; and vice president of the Sindh Bank also requested for guidance regarding operation of accounts.

Equality of votes

Adnan Rasheed Rajput had won the TMC chairman slot on Jan 15, 2023 after a legal controversy that involved his rival, Sohail Jahejo. Both were allowed under the Election Commission of Pakistan (ECP) guidelines to share the post of TMC for half term each as town chairman. The first half of the term was given to Rajput. He, however, was legally bound to get himself elected as vice chairman of Paretabad TMC within six months of his election as chairman. But, even after lapse of six months, on March 3, 2024, and without having been elected as vice chairman of Paretabad TMC, he continued to hold dual offices – town chairman and union committee-51 chairman.

PTI’s Sohail Jahejo said he had sent an application to the Chief Election Commissioner in February mentioning that Section 37 of the SLGA dealt with “prohibition on dual membership”. He cited clause(i) of Section 37 that says: “save as otherwise provided under this Act no person shall at same time be a member of more than one council”.

District Election Commissioner (DEC) Pervez Kalwar in his Feb 27, 2024 correspondence with the Provincial Election Commission (PEC) has referred to Jahejo’s application and apprised him of the controversy.

Published in Dawn, May 25th, 2024