KARACHI: The Sindh High Court (SHC) on Wednesday rejected a petition seeking restraining order against the legislation on mayor’s election, ARY News reported.
A division bench heard the petition filed by Hafiz Naeem ur Rehman, Jamaat Islami’s candidate for Karachi’s mayor.
The bench maintained the notification about the polling schedule and adjourned further hearing of the case till June 22.
“Are you agreed to continue the hearing,” the court hearing the petition against legislation for the mayor’s direct election, asked the JI lawyer. “Why an interim or stay order is necessary, can the mayor’s election be reversed if the plea approved later?”
“This amendment in the law has been against the spirit of Article 140-A,” JI lawyer Taimur Mirza said. “After completion of all stages of the election schedule, this legislation is malicious,” lawyer said. “Even the election commission’s notification for mayor’s election has been unlawful,” he further argued.
“The election commission has not been mandated to such extent to decide itself and issue the notification. It is necessary to look into the intention of the amendment and the basic spirit of the law,” he said.
“First talk about the mandate of the election commission, is it a sovereign and competent authority,” bench questioned. “If the election be restrained,” Justice Abdul Rehman asked. “The mayor’s election should be restrained until decision on this petition,” the lawyer pleaded.
“Do you want to restrain the mayor’s election or oath taking,” Justice Yousuf Ali Saeed asked. “It is an important matter, the process should not be completed till decision about the legislation,” JI lawyer said.
“Who would run the matter, the local government, if the election restrained,” bench questioned. “The matters are even now being run by Administrators,” the counsel replied.
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