HYDERABAD: The Mutahida Qaumi Movement Pakistan (MQM-P) on Wednesday filed constitutional petition in Sindh High Court (SHC) Circuit bench praying the court to declare notification dated 30-11-2021 issued by Sindh Secretary Local Government regarding merger of District Council areas (Rural areas) in Hyderabad Municipal Corporation (HMC) as illegal, unlawful and against the SLG Act 2013.
Chief Secretary Sindh, Secretary Local Government and the Election Commission of Pakistan through Chief Election Commissioner were nominated as respondents in the petition.
MQM MPA Rashid Khilji, in his petition stated that the Secretary Local Govt, having malafide intention, ulterior designs, political motivations and not in good faith issued notification whereby the areas falling in the jurisdiction of District Council Hyderabad (Rural areas) were declared as an urban area and merged in Hyderabad Municipal Corporation (HMC) and so also areas falling in the jurisdiction of Municipal Committees of Qasimabad, Tandojam and town committee Husri merged in HMC illegally, unlawfully and in sheer violation of Sections 8 to 14 of Sindh Local Government Act 2013, meaning thereby ab-initio and having no legal effect in the eyes of law.
The petitioner further stated that prior to the issuance of the above mentioned notification, Election Commission of Pakistan had already issued notifications for carrying out delimitation of the union councils, union committees/ wards in each districts of the province and reconstitute/ re-appoint delimitation committees in exercise of powers conferred to it by the SLGA 2013.
The court was prayed that the notification issued by Secretary Local Government dated 30-11-2021 be declared as illegal, unlawful and against the SLG Act-2013 and suspend the operation of the notification and restrain Election Commission of Pakistan from conducting delimitation upon the basis of impugned notification mentioned above.
The petitioner also requested the court to issue directives for conducting delimitation of the councils of Hyderabad district as existed prior to the impugned notification dated November 39, 2021.
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