PTI approaches Sindh High Court to postpone the LG elections in Sindh

 PTI Sindh has filed a petition for the postponement of first phase of LG elections scheduled for June 26

On the one hand, PTI is demanding an immediate national election in Pakistan and  is threatening to organise sit-in in Islamabad in June if new elections are not announced before June 01. But on the other hand, PTI leaders in Sindh has approached the Sindh High Court to postpone the local government elections scheduled for June 26. 

The PTI Sindh has challenged the decision of the Election Commission of Pakistan to hold local government elections in Sindh. The PTI has taken the plea that the ECP announced the schedule for the first phase of Local Government elections without amending the local government law according to the SC judgment. 

The Petitioners argued that in its February 01 judgment, the Supreme 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 Sindh Local Government Act 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.

                                             

The first phase of the LG elections is set to begin in four division of Sindh, Sukkur, Larkana, Shaheed Benazir Abad 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 election. 

The PTI leaders 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.

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.

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