Jamaat-i-Islami challenges amendments to Sindh local government law — Dawn
In Karachi, Pakistan, the Jamaat-i-Islami party filed a petition with the Sindh High Court, challenging amendments to the local government law. The amendments allow mayors and local council chairpersons, after their terms expire, to remain administrators until newly elected leaders assume office, Dawn reports.
The petition was filed by Jamaat-i-Islami city leader Moneim Zafar, City Council opposition leader lawyer Saifuddin, and deputy head of the parliamentary group Taimur Ahmed. The respondents named in the case are the Sindh chief secretary, the secretary of the local government department, and the Election Commission of Pakistan.
Arguments of the petitioners
Party representatives stated that Article 140A of Pakistan's Constitution obliges every province to establish a local government system and transfer political, administrative, and financial powers to elected representatives. In their view, the provision extending officials' powers after the end of their electoral term contradicts this principle.
The petitioners argue that the amendments create a legal contradiction: an official whose elected and legally prescribed term has ended may effectively retain the same scope of power, but under the title of administrator. In their view, a former mayor or council chairperson cannot indefinitely exercise political, administrative, and financial powers on the basis of a mandate that has already expired.
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Risks to the electoral process
The petition also states that this provision may give an advantage to former mayors and council chairpersons or their political forces during the election period. The applicants believe they may retain control over the local government apparatus, resources, staff, development projects, and financial management, undermining equal conditions for electoral competition.
The law provides that the government must approach the Election Commission on holding elections within 120 days before the end of the term of office. At the same time, the petitioners emphasize that since former leaders remain administrators until the newly elected officials assume office, election delays, court disputes, or disputes over electoral constituency boundaries may extend their time in office for months or potentially years.
Jamaat-i-Islami asks the court to declare the disputed amendments unconstitutional and unlawful, suspend their effect, and prevent former mayors or council chairpersons from serving as administrators after their terms end. The applicants also ask to ensure the initiation and holding of new local elections within the timeframes prescribed by law.