JI Challenges Sindh Local Government Amendments in SHC
KARACHI: The Jamaat-i-Islami (JI) on Thursday approached the Sindh High Court (SHC), challenging recent amendments to the provincial local government law that allow outgoing mayors and chairmen to continue exercising their powers as administrators after their terms expire until newly elected heads assume office.
JI Karachi chief Monem Zafar, City Council Opposition Leader Advocate Saifuddin and Deputy Parliamentary Leader Taimoor Ahmed filed the petition, naming the Sindh chief secretary, secretary of the Local Government Department and Election Commission of Pakistan as respondents.
The petitioners argued that Article 140-A of the Constitution requires provinces to establish local government systems and devolve political, administrative and financial authority to elected local representatives.
They said the Sindh Assembly passed the Sindh Local Government (Amendment) Bill 2026 on September 14, introducing a provision under which an outgoing mayor or chairman would continue to exercise the powers and perform the functions of the council as an administrator after the expiry of the council’s term until the newly elected head assumes office.
According to the petitioners, the amendment is unconstitutional and creates a statutory anomaly by allowing an office-holder whose electoral and statutory tenure has expired to continue exercising substantially the same authority under the title of administrator.
They further argued that the amendment was inconsistent with Article 218(3) of the Constitution, which requires elections to be conducted honestly, justly and fairly and mandates safeguards against corrupt practices.
The petitioners maintained that allowing outgoing mayors or chairmen to remain in control during the election period could enable them, their political parties or allies to retain influence over local government machinery, resources, employees, development projects and financial administration, potentially affecting the level playing field during elections.
They also pointed out that although the amended law requires the government to approach the Election Commission 120 days before the expiry of a council’s term for holding elections, the continuation provision remains effective until newly elected mayors or chairmen assume office. They argued that election delays, litigation or delimitation disputes could consequently extend the outgoing office-holder’s tenure beyond the prescribed four-year term.
The petitioners asked the SHC to declare the amendments unconstitutional and unlawful, suspend their operation, restrain outgoing mayors and chairmen from continuing as administrators after expiry of their terms, and direct that fresh local government elections be initiated and conducted within the period prescribed by law.
