LG representatives’ elections: SHC dismisses govt’s plea to suspend earlier order

Court had ruled in favour of holding polls through secret ballot


Our Correspondent February 16, 2016
Sindh High Court building. PHOTO: EXPRESS

KARACHI: The Sindh High Court (SHC) rejected on Tuesday the provincial government's request to suspend its earlier order directing the Election Commission (ECP) of Pakistan to conduct mayoral and other elections through secret balloting.

A division bench, headed by Justice Hasan Azhar Rizvi, dismissed the application filed by the Pakistan Peoples Party-led government seeking a 15-day suspension of the order that declared the amendments in the local government act illegal to enable it to file an appeal with the Supreme Court.

While allowing five identical petitions by three opposition parties against voting through 'show of hands', the same bench had on February 10 ordered the ECP to immediately fix a date for conducting elections of mayors, deputy mayors, chairmen and vice-chairmen of union councils and committees in Sindh through secret ballot.

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Without suspending its order, the bench had issued notices to the petitioners - the Pakistan Muslim League (PML)-Nawaz, Muttahida Qaumi Movement (MQM) and PML-Functional -and others to file comments to the government's request.

During Tuesday's proceedings, Farogh Naseem, who represented MQM and PML-F, contended that the government wanted to award contracts illegally under the garb of stay order against implementation of the SHC ruling.

He alleged that by awarding contracts prior to the annual budget, the government wants to put the burden on the mayors before their election.

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He contended that the government's plea lacked legal merit, therefore, the same should not be entertained. He pleaded the court to dismiss the government's application and maintain its earlier order for holding the elections for which the ECP had also announced a date.

At this point, the two judges observed that they had passed the order regarding mayoral elections a week ago. They noted that there was enough time to appeal to the apex court against their order, but the government did not do the same.

The bench inquired from the government law officer to explain why the appeal had not yet been filed with the apex court. The law officer informed that an appeal was filed with the apex court on Monday.

Finding no merits in the plea, the SHC bench then dismissed the application.

Published in The Express Tribune, February 17th,  2016.

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