Delaying local government elections: SHC issues notice to CEC, Sindh Governor, Chief Secretary

Sindh High Court Wednesday issued notices to Chief Election Commissioner, Sindh Governor and Sindh Chief Secretary on petition filed against delays in holding local government elections in Sindh province.
A division bench, comprising Chief Justice Mushir Alam and Justice Syed Hasan Azhar Rizvi, passed order on petition filed by Ms Dr Raheela Magsi, President of Sindh Local Council Association, who challenged amendments to Sindh Local Government Ordinance, delaying holding local government elections and subsequent appointment of Administrators in violation of constitutional provisions.
She impleaded Chief Election Commissioner, Sindh Governor and Sindh Chief Secretary as respondents. Her counsel submitted Sindh Local Government Fifth Amendment Act dated September 28, 2010 was illegal.
Chief Election Commissioner failed to conduct elections after four years had lapsed is contrary to the provisions 150 (b) and 159 (1) of amendment act, which enjoins local government to hold office until successor begins its term. Counsel contended Section 159 (1) in particular aims at ensuring that non-elected representatives do not hold office even for a single day as it would be a violation of Articles 32 and 140-A of Constitution.
It was prayed to declare Fifth Amendment to Sindh Local Government Ordinance Act 1 and 2, and ordinances 1 to 4 as 'ultra vires' of Constitution. It was also urged to order CEC to conduct elections immediately and direct parties named in case to remove administrators, reinstate previous elected representatives to hold office until new elections are held.
SHC division bench issued notice to respondents for date in office and directed office to club this petition with identical petition CP D-491/2011.