Hearing of MQM-P’s petition: SC asks how ECP bound by delimitations determined by provincial govt

ISLAMABAD: The Supreme Court questioned how the Election Commission of Pakistan (ECP) is bound by the delimitations carried out by the provincial government.

A three-judge bench headed by Chief Justice Umar Ata Bandial on Monday heard the MQM-P’s petition against the delimitation of constituencies for local government elections in Sindh.

Farogh Naseem, representing Muttahida Qaumi Movement-Pakistan (MQM-P), prayed the bench to declare Section 10 of Sindh Local Government Act null and void. He said the Sindh provincial government under Section 10 of the Act issued notification of delimitations of 233 Union Councils, adding in the notification the provincial government has not explained on what basis delimitation of Union Councils was done.

Justice Mansoor Ali Shah questioned how the Election Commission of Pakistan (ECP) is bound by the delimitations carried out by the provincial government. He said under Election Act, 2017, the ECP has the power to carry out delimitations.

Director General (Law) ECP said that under the law the provincial government has the authority to carry out the delimitations of constituencies. He stated that the ECP is bound to hold LG elections in the union councils whose delimitations are done by the provincial government.

Justice Mansoor inquired if the ECP could do different delimitations in different provinces. He advised the ECP not to merge its constitutional power with the Local Government laws.

Justice Mansoor observed that in some areas of Sindh, the LG elections were held. Farogh said the ECP had planned to hold LG polls in Sindh in two phases, adding the elections in the first phase have been completed, while in the next phase, the LG polls will be held in Karachi, Hyderabad, Badin, and Thatta.

He said that the MQM-P objected to the delimitation of constituencies. He argued that the provincial government in the areas where the MQM-P is in majority has made union councils comprising 90,000 people, but the areas where Pakistan People’s Party (PPP) is in majority the union council consists of 30,000 persons. He maintained that with this arrangement the MQM-P will have less votes for the Mayor’s seat.

Justice Mansoor confronted him by saying that according to Form 10, the ECP carries out the delimitations. He inquired how the MQM was affected by the delimitation. He asked the counsel why his party had approached the delimitation authority.

The chief justice remarked that the ECP hear objections against the delimitations. He asked why the MQM-P did not approach the Court after the first phase of LG polls in Sindh, adding the ECP has already reserved its decision on the instant matter.

Farogh Naseem said that they have challenged the delimitation authority. He said the delimitation committee comprises three members, and out of that two members are from the provincial government. Justice Mansoor said in the law there is no bar that a provincial officer cannot be included in the committee as a member. The chief justice noted that in one street, one party is popular, while in another some other party is famous. He said in a street and Mohalla the delimitation could not be carried out without local officers, adding the ECP does not have enough staff, therefore, it included local officers in the committee.

Farogh Naseem argued that in Orangi Town MQM is in majority, but the union council there consists of 94,000 persons, while in Mominabad the union council comprises 44,000 persons.

He said that as per law the union council should not be more than 10 percent of the population.

The case is adjourned until Tuesday (Aug 16).

Copyright Business Recorder, 2022