Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked legislating with reference to local bodies election is mandate of provincial government.
He further remarked some loopholes are being seen during the implementation of provincial law. Can Election Commission (EC) delimit constituencies on its own will by ignoring the loop holes. There is difference of more than 100 percent in the population of certain union committees. The court can only identify loopholes but it cannot change the law. Election commission can do only such job which falls in its powers. A procedure is laid down in KP law to determine number of union committees.
A three member bench of Supreme Court (SC) presided over by CJP Umar Bandial took up for hearing MQM petitions against delimitation of constituencies in connection with second phase of local bodies polls in Sindh Tuesday.
Barrister Farogh Nasim counsel for MQM told the court Sindh government has not evolved procedure regarding number of committees. 7 votes are allocated for mayor on 7 lac population of Orangi town while 9 votes are allocated against the 4 lac population of Momin Abad. What will be enormous irregularity of SIndh government than this. My arguments depend on one decision of Justice Mansoor Ali Shah.
Khalid Javed Khan counsel for the local bodies members elected unopposed from Karachi said Sindh government has formed structure of local bodies in the law. Can election commission change structure through delimitation. The delimitations can not be made under the norms of mathematics. If MQM plea is accepted then the delimitation of constituencies of provincial and national assemblies of the entire country will become affected. Under this principle the delimitation of constituencies was made on the demarcation of Sindh government in 2015. Mayor from MQM was elected. This is not only the case of Momin Abad or Karachi but the delimitation of constituencies in the entire country can be affected due to it. In Karachi 8 people live in the home measuring 110 yards and 3 people in the home measuring 1000 yards.
He further argued election commission not only keeps in view the population of constituency but also the basic amenities in the area. All is not done with proportion to population in Pakistan. The province which is larger than all in terms of area, its population is smaller than all other provinces. Karachi needs local bodies government more than others. I have come from Karachi. It is depicting the picture of grave yard. Sindh high court provided guidelines in respect of demarcation of constituencies in 2016 which are being followed. MQM through this counsel challenged section 10/1 of Sindh local government before previous local bodies election. Sindh high court rejected the MQM plea then because 2015 law was challenged soon before election. MQM has not challenged section 10/1 again in SC so far.
Fahmida Mirza MNA told the court that she has been elected from Badin for FIVE time. Thatha Badin is in miserable condition . My vote was transferred from Thatha Badin to Karachi despite I was elected from Thatha Badin.
The court adjourned hearing of the case till August 17.