KARACHI: The Sindh High Court has observed that the cause of action of a select committee comprising lawmakers from the both sides of the aisle formed to amend the Sindh Local Government Act (SLGA) 2013 in line with the apex court’s order would only arise once the committee finalised its recommendations, but it has so far been conducting meetings only.

The SHC further noted that the Supreme Court’s judgement on LG system was handed down on Feb 1 and the process of carrying out amendments in SLGA must have been taken up by all the stakeholders immediately.

“For this it is only the lawmakers who are to be blamed and not ECP as the matter of holding local government elections lies within the domain of the Commission as per Article 219 (d) of the Constitution and a Province cannot dictate to the Commission, if and/or when the same can be held. In fact, on the contrary, all executive authorities are to assist ECP in discharge of their functions, and if not, then they will be violating the Constitution attracting serious consequences,” the SHC rules in its detailed order released on Thursday.

On June 24, a two-judge bench of SHC comprising Justice Mohammad Junaid Ghaffar and Justice Amjad Ali Sahito had dismissed the petitions of the Muttahida Qaumi Movement-Pakistan and Pakistan Tehreek-i-Insaf seeking postponement of LG elections in Sindh through a short order.

The order further said that the lawyers for petitioners as well a provincial law officer informed the bench that pursuant to the judgement of the apex court, a select committee of the provincial assembly had been constituted and meetings held whereas consensus was being developed by all the political parties in the assembly to amend SLGA 2013 in conformity with the directions of the Supreme Court.

“In that case, apparently, the judgement has been complied with and no case for its further implementation is made out for the present purposes; rather an assurance has been given to the court by placing the minutes of the select committee that all meaningful efforts are underway to implement the judgement of the Supreme Court,” it added.

The SHC noted that any effort for seeking a restraining order against LG elections in Sindh would be in direct violation of the dicta laid down by the Supreme Court and in fact, the SHC instead of exercising any discretion under Article 199, would rather be implementing the judgement of the apex court in terms of Article 187(2)8 of the Constitution.

“Hence, the request for immediate interim relief of staying the elections appears to be too far-fetched and is in direct conflict with the spirit of the directions of the Supreme Court as above,” it added

The SHC in its detailed order further observed that both petitioning parties made no efforts to approach it immediately after announcement of LG elections schedule rather came too late seeking a restraining order against ECP from conducting such polls.

It noted that prima facie, staying the elections would be unjustifiably and shelve the entire electoral process, intended to devolve the political, administrative and financial responsibility and authority upon the elected representative of a local government.

Published in Dawn, July 8th, 2022