ISLAMABAD: The Supreme Court while giving its verdict on the petitions filed regarding the stay of local body elections in Sindh has said that the next phase of the local body elections will be held on August 28 as per the scheduled time.
A Supreme Court bench headed by Chief Justice of Pakistan Umar Atta Bandial comprising Justice Syed Mansoor Ali Shah and Justice Ayesha Malik heard the petitions filed by Muttahida Qaumi Movement and Pakistan Tehreek-e-Insaf against the Sindh Local Government Act.
During the hearing, Advocate General Sindh, MQM lawyer Farogh Naseem, Tehreek-e-Insaf lawyer Barrister Salahuddin and unopposed elected representatives’ lawyer Khalid Javed Khan, Local Government Secretary Sindh and other parties appeared in the court.
As soon as the hearing started, lawyer Khalid Javed argued that the government determines the number of union committees in Punjab and Khyber Pakhtunkhwa, and in other provinces, the Election Commission also demarcates constituencies, while taking into account factors other than population, the limits and constituencies are determined. There is closure.
Khalid Javed said that whether the constituency of the National Assembly has 400,000 or 1000,000, the vote for the Prime Minister is equal, the difference in the proportion of votes is in every constituency from localities to the National Assembly.
Chief Justice Umar Atta Bandial inquired why the points raised by the MQM were not taken to the Sindh High Court.
The Chief Justice said that a request was made to stop the election a few days before the polling, while the High Court had said that why sleep from January to June, so how can the Supreme Court review the new points in the petition.
Lawyer Khalid Javed said that the Constitution does not give the Election Commission the power to change the number of constituencies because the number of constituencies is specified in the Constitution and the law. After these arguments, Khalid Javed completed his arguments.
After that, Advocate General Sindh said that MQM did not approach the Constituency Authority, the Election Commission and the provincial government work together, while many delimitations were changed on the instructions of the Election Commission.
Advocate General Sindh said that the voters do not care about the delimitation, the problem for the political parties is only the election of the Mayor, but who knows from which party the Mayor will be elected.
The Chief Justice said that the constituency should not be of such a general nature, the Election Commission has to explain to us on what basis the constituency is done because the problem is not only about elections but also about development schemes and funds.
Justice Umar Atta Bandial inquired that there were also cases from inside Sindh that two districts have been merged to form one constituency, but on the other hand, two constituencies have also been formed in one district, while one constituency is of ten lakhs and the next one of four lakhs. If so, this is abuse.
He said that due to lack of representation and funds, there is talk of making South Punjab a separate province. In another case, the position of the Election Commission will be heard on these points.
Sindh Local Government Secretary said that the facilities available to the public are also evaluated in delimitation, the speed and spread of development in different areas is also an aspect.
The Chief Justice said that it has become clear that constituencies are demarcated in collaboration with the Election Commission and the local administration, but it is not clear what are the factors that are kept in front of the delimitation.
Advocate General Sindh said that the Sindh government has made the delimitation guidelines in the light of the Supreme Court’s decisions.
On which the Chief Justice of Pakistan said that he cannot give a decision on such points which have been raised before the Sindh High Court, so it would be better if the MQM fights this battle in the relevant forum, but the lawyers of the MQM and PTI. want to hear
Later MQM lawyer Farogh Naseem and PTI lawyer Barrister Salahuddin came to the rostrum.
The Chief Justice spoke to lawyer Farogh Naseem that we have asked you several times to read the decision of the Sindh High Court, it is clearly stated in the decision of the Sindh High Court that you have not done anything till June.
The Chief Justice of Pakistan said that the Sindh High Court made it clear that the MQM filed the amendment petition a few days before the local elections, while the local elections in Sindh have already started on June 26.
Lawyer Farogh Naseem said that I request the court to listen to me once.
The Chief Justice inquired that in the amendment petition filed in the Sindh High Court, the point of counting of votes or not was not raised and do not expect that they will give a decision on the constitutional issue in the same way.
Justice Umar Atta Bandial spoke to Farogh Naseem that you should sit with the Election Commission and Constituency Committee and solve the matter, or do you want your case to be sent back to the High Court?
The Supreme Court said that the second phase of local body elections in Sindh will be held on August 28.
The court said that Tehreek-e-Insaf and Jamaat-e-Islami had supported the local body elections.
The Supreme Court said that PTI should file an application for implementation of the decision related to the Sindh Local Government Elections Act, local elections cannot be canceled on the request of MQM.
After the arguments, the Supreme Court while giving the verdict on the Sindh constituencies said that the second phase of local body elections in Sindh will be as per the schedule while ordering the petitioner to approach the relevant forum.
It should be noted that on July 20, the Election Commission of Pakistan postponed the second phase of local body elections due to possible rains in Sindh.
In a statement issued by the Spokesperson of Election Commission, it was said that the commission has postponed the second phase of local elections in Sindh due to possible rains and bad weather.
He had said that the second phase of local body elections in Sindh will now be held on August 28, 2022.
