Secret or thru show of hands? SC issues notice to law officers over mayoral vote

Summons advocates general of four provinces, federal capital.

ISLAMABAD: The top court on Thursday issued notices to the attorney general of Pakistan (AGP) along with advocates general of the four provinces and the federal capital on the longstanding issue of electing mayors and deputy mayors through a show of hands.

A three-judge bench of the Supreme Court, headed by Justice Gulzar Ahmed, heard the Sindh government’s appeal against a Sindh High Court judgement which annulled an amendment in local government laws.

The Pakistan Peoples Party (PPP) led Sindh government had on January 19, 2016, amended the Sindh Local Government Act 2013 to replace secret balloting for mayors and deputy mayors with a show of hands procedure.

The amendment was subsequently challenged by the Muttahida Qaumi Movement (MQM) and the Pakistan Muslim League-Functional (PML-F) in the SHC through identical petitions. The SHC on February 9 shot down the amendment and ordered immediate elections via secret ballot process. Dissatisfied, the Sindh government moved the SC to challenge the SHC verdict. The apex court on February 17 put the elections on hold as it reviewed the Sindh government’s plea.

During Thursday’s hearing, Additional Attorney General (AAG) Waqar Rana urged the bench to adjourn hearings till next week since AGP Salman Butt wanted to argue the case himself but was unable to attend the hearing.



Farogh Naseem, counsel for MQM, argued that if the AGP is not present the Sindh government’s counsel could argue the case. He added that 90 days had passed since LB elections took place in the province but the provincial government has yet to take a decision on funding local governments.

Farooq H Naek, who was representing the Sindh provincial government, said any judgement of the apex court would also affect elections of mayors, deputy mayors and the reserved seats for women and minorities in the Punjab since they also wanted elections of mayors and deputy mayors through show of hands.

Justice Dost Muhammad Khan remarked that it was the people who suffered the most through such cases which were essentially battles between political parties.

Assistant Advocate General Punjab Mudasir Abbasi said when the Punjab government changed the local government law to hold elections for mayors and deputy mayors through show of hands it was challenged in the Lahore High Court. Hence he requested the court to issue a notice to the Punjab government as well.

Published in The Express Tribune, March 25^th,  2016.