MQM has requested the Supreme Court (SC) to nullify article 10/1 of Sindh Local Government Act.
A 3-member bench of SC presided over by Chief Justice of Pakistan (CJP) Umar Ata Bandial took up for hearing Sindh Local Bodies election case on Monday.
The counsel for MQM Barrister Farogh Nasim prayed the court to declare null and void article 10-1 of Sindh Local government act ..
He argued election commission has worked out schedule to hold local bodies election in two phases. Against the first phase election has been held. Polling has yet to be held in Karachi, Hyderabad,Badin and Thatha. We have objection over delimitation of constituencies. Sindh government has formed union council having population of 90000 persons where we are in majority and wherein PPP is in majority union council has been formed having 30000 population. The votes of MQM will stand curtailed due to such type of delimitation of constituencies in mayor election. We have challenged delimitation of constituencies authority. Two among 3 members of delimitation of constituencies committee were from provincial government. In Orangi town, MQM enjoys majority and union council has been formed comprising 94000 persons In Momin Abad union council consists of 44000 persons. There can be no more difference than 10 percent in proportion to population.
He argued Sindh government issued notification on formation of 233 union committees under section 10-1 of local government act. Sindh government did not make it clear the basis of formation of union committees in notification . The real ill intent of Sindh government is to make bound election commission on delimitation of constituencies.
The CJP remarked election commission hears objections against delimitation of constituencies. The objection on delimitation of constituencies was raised after first phase election. Election commission has reserved judgment regarding your objections. In one street one party is popular and in second street second party. The delimitation at the level of street and Mohalla can not be carried out without local officers. Election commission has not so much staff that it could work without assistance.
DG Law told the court determining the number of union councils is mandate of provincial government. Election commission is bound to delimitation of province and number of determined union councils.
Justice Mansoor Ali Shah raised question how the election commission is bound to delimitation by provincial government. Election commission has powers under election act to delimit constituencies. Election commission should not merge its constitutional powers with local government laws. .
The court adjourned the hearing of the case till August 16