KARACHI: The Sindh High Court on Wednesday dismissed an application of the Jamaat-i-Islami seeking an interim restraining order to stay the Karachi mayor elections set to be held on Thursday (today).

A two-judge bench headed by Justice Yousuf Ali Sayeed also adjourned the hearing till June 22 of the JI’s main petition against an amendment to the Sindh Local Government Act 2013 that paved the way for unelected persons to become mayor, deputy mayor.

JI Karachi chief Hafiz Naeemur Rehman, who is the joint candidate of JI and Pakistan Tehreek-i-Insaf (PTI) for mayor, petitioned the SHC after PPP fielded unelected Barrister Murtaza Wahab for the same office by taking advantage of the amendment in question.

On Wednesday, the lawyer for the petitioner filed an application seeking an interim relief to stay the mayoral election till final decision on the main petition.

Hearing adjourned on main petition against amendment to LG law that allows unelected person to become mayor

At the outset of hearing, the bench asked the petitioner’s lawyer Taimur Mirza whether he agreed to continue the proceedings and if the petition was allowed the process of mayoral elections could be reversed.

It also asked as to why an interim restraining order was necessary to stay the election.

The petitioner’s counsel argued that the impugned amendment was against the spirit of Article 140-A of the Constitution.

He contended that the legislation in question was made with malafide intention as the same was enacted after the election schedule for mayor, deputy mayor and chairmen/vice chairmen was issued.

He stated that it was a matter of great importance and asked the court to halt the electoral process till final order about the fate of the impugned amendment.

When the bench remarked as to who would run the Karachi Metropolitan Corporation if the mayoral elections were stayed, Mr Mirza replied that an administrator had already been running the affairs.

Advocate General Hasan Akbar submitted that the JI had supported the amendment in question in the assembly and maintained that people of the city would suffer if the elections were stayed.

After hearing arguments, the bench disposed of the application and declined to issue a stay order.

Mr Rehman petitioned the SHC on June 7 asking the court to declare the amendment ultra vires to the Constitution, without lawful authority and of no legal effect. Later, PPP’s mayoral nominees Barrister Wahab and Salman Murad and others also filed applications to become interveners in the proceedings.

Citing the Election Commission of Pakistan, province of Sindh through provincial cabinet and KMC as respondents, the JI candidate had said in the petition that the provincial assembly had amended Section 3 of the SLGA last month allowing unelected persons to become mayor/deputy mayor and chairman/vice chairman of a district municipal corporation or district council and a notification in this regard was issued on May 24.

He submitted that the impugned amendment was made and deemed to have taken force on and from Dec 31, 2021 whereby a past and closed electoral process had been infringed upon by making an allowance for an unelected person to be elected to the post of chairman or mayor.

The same infringes upon the right of petitioner to be dealt with in accordance with law i.e. the law that was in force at the time of conducting electoral process, the petitioner maintained.

He contended that the amendment in question was illegal on account that representative democracy was premised on vesting of executive authority in persons who were elected representatives.

Published in Dawn, June 15th, 2023