LG Act amendment: PPP and two opposition parties join court proceedings

Govt recently changed mode of LG representatives' elections

KARACHI: The Sindh High Court allowed on Saturday the ruling Pakistan Peoples Party and two opposition parties, Pakistan Tehreek-e-Insaf (PTI) and Jamaat-e-Islami (JI), to join proceedings against the abolition of secret balloting for election of mayors and other local government representatives in the province.

Headed by Justice Hasan Azhar Rizvi, the bench adjourned the hearing on five petitions challenging amendment to the Sindh Local Government (LG) Act till February 9 to hear arguments from the federal and provincial law officers. Five identical petitions were filed by Pakistan Muslim League (PML)-Nawaz, Muttahida Qaumi Movement (MQM) and PML-Functional, pleading the court to set aside the proposed amendment to elect LG representatives by a 'show of hands.'

During Saturday's proceedings, three applications were filed pleading the court to allow PPP, PTI and JI to allow them to join the proceedings as interveners. Allowing the applications, the bench fixed February 9 to hear arguments from lawyers representing the interveners, the deputy attorney general and the additional advocate-general.



Earlier, federal law officer Dilawar Hussain said the Election Commission of Pakistan (ECP) had already postponed elections on more than 9,500 reserved seats in the province as the amendment was sub-judice. He assured that polls will not be held till the final decision by the court.

Barrister Farogh Naseem, representing the MQM, said under Article 226 of the Constitution, all elections, except those for the prime minister (PM) and chief minister (CM), shall be held through a secret ballot. Therefore, he said, any procedure to elect LG representatives through a show of hands will be illegal. He claimed that the amendment is illegal and should be struck down.

'It will end corruption'

Advocate Farooq Naek, who represented the Sindh government, contended that article 226 does not apply to the elections of LG representatives. "Article 140 of the Constitution empowers the provincial government to make laws for the local government," he argued. "On the basis of such legislation, the ECP conducts local bodies' polls," he added. Concluding arguments, Naek maintained that mayors are also heads of the house like the CM and PM, thus secret balloting is not required.

He said the new way of electing heads of union councils and committees will end corruption and the culture of horse-trading.

Additional advocate-general, Ramesh Kumar Karar, filed comments of the LG secretary stating that the elections of mayor, deputy mayor, chairman and vice-chairman are held indirectly and procedure for the same is defined in the act's rule-55(a).

He said such a procedure is covered by law, adding that the amendment is made to ensure that the elections are held in a transparent, fair and free manner to avoid corrupt practices.

The secretary opposed the petitions against the amendment, saying the same are liable to be dismissed.

Lawmakers of PPP had passed the amendment on January 18, following which the PML-N, MQM and PML-F went to court against it.

Published in The Express Tribune, February 7^th, 2016.