Election of mayors: Sindh challenges SHC order on secret ballot

Says its executive powers are being impaired

ISLAMABAD: The Sindh government has challenged the Sindh High Court’s order to declare the amendment in the local government law as void, whereby secret balloting had been replaced with a show of hands for electing mayors, deputy mayors and other local government representatives in the province.

The Sindh government on Tuesday filed an appeal in the Supreme Court against the SHC’s February 10 order, saying that the executive power under the constitution has been unduly impaired, restrained and restricted as a result of that judgment. The petition were drafted by Farooq H Naek advocate.

Earlier, MQM, PML-F and others had approached the SHC pleading to set aside the amendment made by Sindh government because it is in violation of Article 266 of the constitution which allows secret polling.

Now the provincial government, submitting an appeal, has contended that the SHC has failed to appreciate that the parliament and provincial assemblies are absolutely free and entitled to legislate on all matters falling within their respective domains including matters relating to the election of local government.

It was further stated that the principle of separation of powers provides that executive power is vested in and solely exercised by the government duly elected by the people.

The Sindh government pleaded the SC to suspend the operation of high court immediately till final judgment on its petition.

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