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Local body polls: SC calls report from SHC Registrar

October 08, 2012

Supreme Court of Pakistan. — Photo by AFP

ISLAMABAD: Supreme Court of Pakistan on Monday directed the Registrar of the Sindh High Court (SHC) to submit his report regarding High court's order wherein Sindh government was directed to hold local government election within 90 days in the province.

A two-member bench, comprising Justice Anwar Zaheer Jamali and Justice Sheikh Azmat Saeed, passed this order while hearing an appeal filed by Sindh government, assailing SHC orders for holding local government elections within 90 days.

On May 18, 2012, the SHC while hearing a constitutional petition filed by former district Nazim, Dr. Raheela Gul Magsi, had ordered Sindh government to hold elections in 90 days. Sindh government pleaded that as Sindh Local Government Ordinance 2001 had lapsed, therefore, the local government system of 1979 was restored.

Now under 1979 law, government had to again carry out exercise of delimitation of constituencies and unless this is done, local government elections cannot be held.

The appellant had maintained that a new draft law of local government system was being discussed by stakeholders and government was consulting all major political forces before new piece of legislation would be placed before Sindh Assembly for a vote.

In these circumstances, holding elections on high courts orders was not possible.

The general elections could also be affected. On Monday, Advocate General Sindh Abdul Fattah Malik said he could not argue on the matter without going through the detailed judgment in the case, which was still not announced.

SC bench directed SHC Registrar to submit his report regarding the high court judgment and adjourned hearing for a date in office.