KARACHI: The Sindh chapter of the Pakistan Tehreek-i-Insaf on Monday challenged the decision of the Election Commission of Pakistan (ECP) to hold local government elections in the province in the absence of a new LG law as per the directives of the apex court.

The first phase of the LG elections is set to begin in four division of Sindh — Sukkur, Larkana, Shaheed Benazirabad and Mirpurkhas — with the issuance of nomination forms from April 28.

The PTI invoked the writ jurisdiction of the Sindh High Court and filed a petition against the ECP notification to hold the first phase of LG elections in Sindh.

The party stated that the impugned notification was issued in violation of a Supreme Court judgement declaring various provisions of the Sindh Local Government Act (SLGA) 2013 ultra vires of the Constitution.

Files petition seeking suspension of ECP notification till enactment of new LG law; election process in four divisions to begin from Thursday

It sought a restraining order until the new local government law was enacted in the light of the apex court order.

PTI leaders Haleem Adil Sheikh, Firdous Shamim Naqvi and others submitted in their petition that the LG election under the SLGA 2013 was not only a futile exercise, but also a wastage of financial resources.

Citing the ECP, provincial election commissioner, secretaries of home, LG and law departments and the secretary of the Sindh Assembly as respondents, the petitioners submitted that on April 13, the ECP had announced the schedule for the first phase of the LG polls in Sukkur, Larkana, Shaheed Benazirabad and Mirpurkhas divisions of the province and fix June 26 as the date of polling.

However, the petitioners argued that in its Feb 1 judgement, the apex court had emphasised on Article 140-A of the Constitution for local governments possessing meaningful authority and struck down Sections 74 and 75(1) of SLGA 2013.

Both the sections provide excessive delegation of powers to the provincial government in matters relating to management and control of LG institutions, they maintained.

They further argued that in its present form the SLGA 2013 was not in compliance with Article 140-A of the Constitution as the apex court declared its two provisions unconstitutional and sought a reformed law from the provincial government.

Thereafter, they submitted that in order to implement the apex court’s order, the Sindh government had formed a committee to amend the LG law in compliance with apex court’s directive.

They added that a 19-mebmer select committee — with 10 members from treasury sides and nine from opposition parties — was tasked to prepare the Sindh Local Government (Amendment) Bill 2022 in the light of the apex court’s order.

They further argued that one of the petitioners was part of the proceedings in which the local government minister had introduced the LG bill and the same was sent to the select committee with the directive to report back within 45 days, but later the session was adjourned and this important task was not completed.

The petitioners submitted that as per the ECP schedule nomination papers would be issued from April 28 in four divisions of Sindh despite the fact that the SC judgement was not implemented and the process to draft a law still under way.

They pleaded to declare the impugned notification unlawful, illegal and ultra vires to the Constitution and to suspend the operation of notification until the final decision on the petition and enactment of the new law.

The petitioners also sought directives for the Sindh Assembly secretary to produce the record and proceedings of the assembly regarding the Sindh Local Government Bill 2022 and to complete the process in three months.

Published in Dawn, April 26th, 2022