KARACHI: The Jamaat-i-Islami (JI) on Thursday approached the Sindh High Court (SHC), challenging amendments to the provincial local government law that allow outgoing mayors and chairmen to continue as administrators after their terms expire.
The Sindh Assembly passed the Sindh Local Government (Amendment) Bill 2026 on September 14. The amendment allows outgoing mayors and chairmen to continue performing their functions as administrators 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.
The petition names the Sindh chief secretary, secretary of the Local Government Department and Election Commission of Pakistan as respondents.
JI raises constitutional objections
The petitioners argued that Article 140A of the Constitution requires provinces to establish local governments and devolve political, administrative and financial authority to elected representatives.
They said the amended law was inconsistent with this constitutional requirement because an office-holder could continue exercising powers after the expiry of the electoral and statutory term.
According to the petition, the amendment creates a situation where an outgoing mayor or chairman could retain substantially the same powers under the title of “administrator”.
The petitioners also referred to Article 218(3), which requires the Election Commission to ensure that elections are conducted honestly, justly and fairly.
They argued that allowing outgoing office-holders to remain in control during the election period could give them or their political allies access to local government machinery, resources, employees, development projects and financial administration.
The petitioners said this could affect the level playing field during local government elections.
Concern over delayed elections
The amended law requires the government to approach the Election Commission 120 days before the expiry of a council’s term to initiate the election process.
However, the JI argued that the continuation provision could remain effective until newly elected mayors or chairmen formally take charge.
They said any delay caused by litigation, delimitation disputes, election-related issues or other interruptions could potentially extend an outgoing office-holder’s tenure beyond the statutory four-year term.
The petitioners asked the SHC to declare the amendments unconstitutional and unlawful and restore the legal position that existed before the changes.
They also sought suspension of the amended provisions and asked the court to restrain authorities from allowing outgoing mayors or chairmen to continue as administrators after their terms expire.
The petition further requested the court to direct the authorities to initiate and conduct fresh local government elections within the period prescribed by law.
The Sindh Assembly had earlier faced strong opposition protests when it passed the amendments, with opposition parties objecting to the provision allowing outgoing mayors and chairmen to continue as administrators.
