KARACHI: The Sindh High Court on Monday dismissed a set of petitions challenging an amendment to the Sindh Local Government Act 2013 that paved the way for unelected persons to become mayor and deputy mayor.

The petitions were filed last year by Jamaat-i-Islami’s candidates for the office of Karachi mayor and deputy mayor who also impugned a notification about the election of Pakistan Peoples Party’s Murtaza Wahab as the mayor of Karachi.

On Monday, a two-judge bench comprising Chief Justice Muhammad Shafi Siddiqui and Justice Jawad Akbar Sarwana dismissed all the petitions through a short order after hearing arguments from lawyers for the parties concerned at length.

The bench observed that the reasons for dismissal would be recorded later.

JI chief Hafiz Naeem and others had challenged an amendment to local govt law that allowed unelected persons to become mayor

On June 7, 2023, JI’s mayoral candidate Hafiz Naeem-ur-Rehman had filed one of the petitions impugning the amendment in question and asked the court to declare it ultra vires to the Constitution.

However, after the mayor election held on June 15, 2023, JI’s aspirant for deputy mayor Saifuddin and two others also filed separation petitions and contended that despite impugned legislation, the election of mayor/deputy mayor was held in a coercive manner as a majority of the members of the Pakistan Tehreek-i-Insaf had allegedly been kept in undeclared illegal confinement by the PPP.

They also impugned the notification about appointment of the Karachi mayor and besides the amendment, the petitioners further pleaded to set aside all the notifications/orders issued in pursuance of the amendment.

The petitioners’ lawyers argued that the two main petitioners were seriously aggrieved by the sudden promulgation of the Sindh Local Government (Amendment) Act 2023 as it was passed with retrospective effect illegally and unreasonably against all norms of justice only to facilitate Mr Wahab.

They also submitted that the impugned amendment through which an unelected person can contest indirect mayoral election was enacted with malafide intentions as the same was enacted after the election schedule for mayor, deputy mayor and chairmen/vice chairmen was issued and the amendment in question was against the spirit of Article 140-A of the Constitution.

An additional advocate general and Mr Wahab’s counsel argued that the legislation was made before the election schedule was issued.

They maintained that the provincial government was empowered to legislate and form a local government system in the province and the same was done in line with the Constitution.

They also contended that a member elected on reserved seat can also become a mayor or even a chief minister and prime minister since there was no restriction in the Constitution on the subject matter.

They argued that an unelected person can also become a federal or provincial minister, but has to step down if not elected within six months and there was no violation of any constitutional provision while enacting the amendment in question.

Published in Dawn, November 5th, 2024