Four more petitions filed against Sindh LG amendment law

Opposition parties have gone to SHC against law abolishing election through ‘show of hands’.

KARACHI: The Sindh High Court (SHC) issued on Thursday notices to the federal and provincial authorities on petitions filed by two more opposition parties against amendments in the local government law to abolish secret balloting for the election of mayors and other representatives in Sindh.

Headed by Justice Hasan Azhar Rizvi, the division bench also issued notices to the advocate-general (AG) and deputy attorney-general (DAG) to file comments of the chief election commissioner (CEC), the provincial local government, law secretaries and others by February 2.

Four identical petitions were filed, two each by the Muttahida Qaumi Movement (MQM) and the Pakistan Muslim League-Functional through their leaders.

Opposition leader in the Sindh Assembly, Khawaja Izharul Hassan, and other MQM leaders filed the petition citing the CEC, Sindh chief secretary and LG and law secretaries as respondents.

They said the Sindh Assembly had passed the Sindh Local Government (Third Amendment) Bill, 2016 on January 18, proposing amendments to the procedures for the election of mayor, deputy mayor, chairperson, vice-chairperson and other elected members of union councils and union committees in the province. They pointed out that the amendment called for abolishing secret balloting for their election. "Instead the members will raise their hands in the House in order to vote in the favour of any elected representatives," he added.

The petitioners argued that such an amendment was a violation of articles 7, 37(1), 140-A and 219(d) of the Constitution, which requires the election body to conduct elections of the national and provincial assemblies, as well as local governments, in a 'free and fair' manner.

"Article 226 of the Constitution states that all elections, except those for the prime minister and chief minister, shall be held through secret balloting," stated the petitioners, adding that therefore any procedure to elect LG representatives through a show of hands will be illegal.

They said conducting elections in a manner in which sanctity of the secret ballot is not maintained is a violation of the Constitution.

The opposition leaders claimed the respondents are bound to ensure the fundamental right of association, as prescribed in Article 17, which cannot be ensured unless and until the elections are held through secret balloting.

The court was, therefore, pleaded to declare the proposed bill 'without lawful authority'. It was also requested to restrain the respondents from conducting the elections through a show of hands.

Without considering the stay application on the first hearing, the SHC bench issued notices to the respondents, the Sindh AG and DAG to file comments by February 2.

The issue was first brought to the SHC by the Pakistan Muslim League-Nawaz.

Published in The Express Tribune, January 29^th,  2016.