Local government elections: delimitation powers of Sindh government challenged in SHC
The Sindh High Court (SHC) on Friday issued notice to the Sindh chief secretary, the local government secretary, the law secretary and the Chief Election Commissioner to submit their respective replies to a petition challenging the Sindh government's powers to carry out delimitations for the local government elections.
Petitioner Syed Zafar Ali Shah submitted that in compliance with the Supreme Court orders, the Sindh government promulgated on March 02, the Sindh Local Government (Amendment) Bill, 2015, under which the Sindh government shall determine the number of union councils, union committees and wards in municipal committees and town committees for the local government elections. After demarcation, the Election Commission shall delimit union councils, union committees and wards.
He said that the Sindh government with malafide intention retained delimitation powers to commit gerrymandering and the ruling party (PPP) wanted to win the local government elections through gerrymandering and unlawful means.
The petitioner, represented by Syed Mureed Ali Shah, said that through this amendment, the Sindh provincial authorities shall delimit any council or ward according to wishes and nefarious aims of the ruling party.
He argued that as per the dictum laid down by the apex court the delimitation exercise is to be undertaken by the ECP and not by the Sindh government, adding it was duty of the executive authorities to assist the ECP in discharging its duties.
Therefore, the petitioner pleaded to the court that the Bill's sections empowering the Sindh government to demarcate boundaries of council and wards instead of the ECP is unconstitutional. The court was prayed to suspend the operation of the Bill while restraining the Sindh government from demarcating councils and wards.
It was further requested to declare the appointment of assistant commissioners and Mukhtiarkars or any other government officials as delimitation officers or deputy delimitation officers or assistant delimitation officers by the Sindh government as illegal.
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