Karachi: The Sindh High Court, while rejecting the request for an injunction regarding the suspension of the notification of the Election Commission of Mayor Karachi, fixed the hearing on Hafiz Naeemur Rehman’s request against the amendment of the Local Government Act for June 22.
The High Court remarked that if the petition is granted, the non-elected representative mayor, deputy mayor, chairman and vice-chairman will be removed. Currently, all candidates can participate in the election.
A two-member bench consisting of Justice Yusuf Ali Saeed and Justice Muhammad Abdul Rehman heard the petition of Ameer Jamaat-e-Islami Karachi Hafiz Naeem-ur-Rehman regarding the legislation on the direct election of the Mayor of Karachi and stopping the election.
The court said in a dialogue with the lawyer of Jamaat-e-Islami that you agree that the hearing should be continued and if the application is approved later, the election of the mayor can be reversed? Justice Yusuf Al Saeed remarked that why interim order or injunction is necessary?
Jamaat-e-Islami lawyer Taimur Mirza advocate stated that this amendment is against the basic spirit of Article 140-A of the Constitution. Election schedule and legislation after all stages is based on bad faith. The notification of the Election Commission regarding the election of the Mayor is illegal.
The court inquired that in your opinion, the Election Commission is not empowered enough to decide on its own and issue notification? The lawyer of Jamaat-e-Islami argued that it is necessary to examine the intention of the amendment and the basic spirit of the law.
Justice Muhammad Abdul Rahman remarked that you should talk about the privilege of the Election Commission first, is the Election Commission an independent and empowered body? If the issues will remain pending, why should the election be stopped?
The lawyer of Jamaat-e-Islami stated that my request is that the mayoral election should be stopped until the decision of this petition.
Justice Yusuf Ali Saeed, while giving remarks, said that you want the mayor’s election or final declaration or oath to be stopped? The lawyer of Jamaat-e-Islami stated that the matter is very important, the process should not be completed till the decision regarding the legislation.
The court remarked that if we stop the election, then who will manage the affairs? Will the viewer see who will see? Who will run the local government? The lawyer of Jamaat-e-Islami stated that the administrators are still looking into the matter.
Advocate General Sindh Hasan Akbar took the stand and said that the timing is very important, the law was passed on May 20 and the application was filed on June 7. Adjourn the hearing of this case to August after the holidays. Importantly, Jamaat-e-Islami has supported this amendment in the Assembly. Here, Jamaat-e-Islami Ameer Hafiz Naeem-ur-Rehman has applied, Jamaat-e-Islami itself supported the law.
The court remarked that you should also give this in writing, submit a complete written reply. Advocate General Sindh stated that if the election is stopped, the citizens will suffer, the local government is the need of the common man.
The court remarked that the schedule of the mayoral election will not be affected by the hearing. The court rejected the application for an injunction regarding the suspension of the election notification.
In the same court, another petition was filed against the Sindh Local Government Act 2023, which was requested to be heard immediately.
Shah Mohammad Awan advocate stated that the Sindh government’s legislation regarding directly electing an unelected person as mayor is against the law. In 2015, the Supreme Court has also declared that no new legislation can be made after the election schedule is released. The new legislation of the Sindh government should be declared null and void.
The court had accepted the request for urgent hearing of the application and remarked that it will hear the case along with Hafiz Naeem’s application.
Advocate General Sindh Hasan Akbar said in an informal conversation that today the lawyer of Jamaat-e-Islami gave arguments and we also gave our arguments. The court had asked whether the election can be stopped. On which we presented 2 judgments of the Supreme Court and said that if the schedule of the Mayor’s election is stopped, those who are participating in the election will also be affected. Election cannot be stopped.
On this, the court said that the election will not be stopped, but the decision on the application will be based on it. The court has said that we will hear the case completely and then take a decision.
Murtaza Wahab’s lawyer Haider Waheed Advocate said that the court has said that an interim order cannot be issued on this application because there is a law and the law cannot be negated in this way, so the court will hear it in detail.
Haider Waheed said that the mayor’s election will be held at the appointed time. Therefore, the court has fixed the hearing of the application for detailed hearing which will be held on June 22 and also refused to grant interim relief to Hafiz Naeemur Rehman. The election will be held today as per the schedule, in which Murtaza Wahab and Hafiz Naeemur Rehman are contesting for the seat of Mayor.
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