KARACHI: The Sindh High Court (SHC) on Friday summoned the chief secretary and local government secretary on a petition filed against the transfers and postings of officials in different departments despite a ban placed by the Election Commission of Pakistan (ECP) due to the forthcoming LG elections.

A two-judge bench headed by Justice Yousuf Ali Sayeed directed the provincial authorities as well as the ECP to file comments till Jan 4.

The counsel for the petitioner also sought an interim relief against the impugned transfers/postings and the bench said that the same would be considered on the next date of hearing light of the comments.

A citizen, Khadim Hussain, petitioned the SHC and impleaded the ECP and around 15 departments of the provincial government besides others as respondents.

At the outset of the hearing, an additional advocate general and law officer of the ECP sought time for filing comments.

ECP law officer Abdullah Hanjrah informed the bench that notwithstanding the directions of the commission, the Sindh government had made numerous transfers and the ECP had already taken up the issue with the provincial authorities as several letters had been sent to the government to withdraw such transfer orders.

However, he submitted that certain transfers had been reversed while numerous others still remained unchanged and the ECP was continuing to pursue the Sindh government in that regard.

The lawyer for the petitioner, Nehal Lashari, argued that the LG polls in Karachi and Hyderabad divisions were set to be held on Jan 15 and the ECP had already imposed a ban on the transfers/postings of officials, but the provincial government was still issuing the orders to that effect in violation of the elections laws.

He also contended that on top of it, the local government secretary had also been transferred.

“Let comprehensive parawise comments be submitted before the next date with advance copy to counsel for the petitioner. To come up on 04.01.2023 when the chief secretary and secretary local government should also be in attendance personally,” the bench in its order said.

Initially, the LG polls for Karachi and Hyderabad divisions were scheduled for July 24, but the ECP had postponed the same on the recommendations of the Sindh government and provincial election commissioner thrice while on Nov 10, the provincial LG department had claimed that the Sindh government had itself postponed the polls for 90 days.

However, the SHC on Nov 18, while deciding the petitions of the Pakistan Tehreek-i-Insaf and Jamaat-i-Islami, directed the electoral watchdog to hold the LG polls within two months and notify a polling date in 15 days.

Subsequently, the ECP on Nov 22 announced that the second phase of the LG polls in Karachi and Hyderabad divisions would be held on Jan 15, asking the Sindh government and provincial police chief to provide a sufficient number of security personnel for the election duty at the polling stations, offices of the district returning officers (RO), polling staff and for transportation of polling material from and to the offices of the ROs.

The ECP had also placed a ban on transfers/postings and asked the provincial authorities that no transfer / posting of the government officers and officials, including those of autonomous bodies/ authorities, must be made without prior approval of the commission till publication of election results in Karachi and Hyderabad divisions.

Published in Dawn, December 31st, 2022