KARACHI: The Sindh High Court on Monday did not entertain an application of Muttahida Qaumi Movement-Pakistan seeking an interim stay order against the Jan 15 local government elections.

A two judge-bench headed by Justice Mohammad Iqbal Kalhoro asked its office to fix the matter before the regular bench for hearing on Tuesday (today).

MQM-P leader Kanwar Naveed Jameel along with other party leaders had approached the SHC regarding the notifications issued by the Election Commission of Pakistan in April and May last year announcing the schedule of the LG elections in Sindh by questioning its quorum.

At the outset of hearing on Monday, the lawyer for petitioners filed a statement about ECP’s Nov 25 notification fixing Jan 15 as polling day for the second phase of LG polls in Karachi and Hyderabad divisions.

The copies of such statement were provided to the lawyers for respondents and they sought time to go through the same. The bench adjourned the hearing till Jan 10, asking its office to fix it as per roster.

During the hearing, Tariq Mansoor, the counsel for petitioners, requested the SHC to allow an application filed by the petitioners to grant an interim stay against the upcoming LG polls since the Nov 25 notification was issued on the basis of earlier impugned notifications issued in April and May.

Justice Kalhoro observed that a regular bench, which has been hearing all election matters before winter vacations, may hear the matter in question tomorrow.

The matter is likely to be fixed before a division bench headed by Chief Justice Ahmed Ali M. Shaikh as it is set to resume work after winter vacations on Jan 10.

It may be recalled that on Nov 18, the same bench while deciding the petitions of the Pakistan Tehreek-i-Insaf and Jamaat-i-Islami had directed the electoral watchdog to hold LG polls within two months and notify a polling date in 15 days.

Thereafter, the ECP had announced that the second phase of local bodies polls in Karachi and Hyderabad divisions would be held on Jan 15.

The petitioners contended the impugned notifications were issued without lawful authority as at the time of issuance of such notifications, the quorum composition of the ECP was not completed since full composition of the ECP was the chief election commissioner and four members from each province, but there were the CEC and only two members, when the schedule was initially announced.

On a previous hearing, the ECP had asserted that the petition was not maintainable as the issue has already been decided by the higher and superior judiciary.

Published in Dawn, January 10th, 2023