islamabad - The Supreme Court on Thursday issued notices to advocate generals of all the provinces and the Islamabad Capital Territory in Sindh mayor and deputy elections case.
A three-judge bench, headed by Justice Gulzar Ahmed, heard the Sindh government’s appeal against the Sindh High Court judgment, which declared the amendments in the Local Government Ordinance to hold elections of mayor and deputy mayors through show of hands void.
The PPP-led Sindh government through the Fourth Amendment to the Sindh Local Governments Bill 2013 had replaced secret balloting with a show of hands as the procedure to elect mayors, deputy mayors and other local government representatives in the province.
The Sindh High Court on identical petitions filed by Muttahida Qaumi Movement and Pakistan Muslim League-Functional had declared the amendment in the local governments law as void. The Sindh government had challenged that verdict in the top court in February. The apex court had granted stay against the order on February 17.
Additional Attorney General Waqar Rana appeared before the bench and informed that AGP Salman Butt himself wanted argue the case to present the federation’s point of view, adding as he is not present, therefore, adjourn it for next week. He said in the meanwhile the provinces if desire may submit additional documents. Farough Naseem, counsel for MQM, argued that on the orders of the apex court the Local Government elections could be held in the country, but still the local bodies are not functioning. He said if the AGP is not present then the Sindh government counsel could argue, adding after the LB elections the provincial government has still not taken decision on funding issue of local governments.
Farooq H Naek, representing the Sindh provincial government, said the apex court judgment in this case would also affect the elections of mayors, deputy mayors and the reserved seats for women and the minorities in the Punjab, as they also wanted the elections of mayors and deputy mayors through show of hands. Justice Dost Muhammad Khan remarked that people suffer through such cases as this is the battle between the political parties.
Deputy Advocate General Punjab, Mudasir Abbasi, informed that the Punjab government had also made changes in the Local Government Ordinance to hold elections of mayors and deputy mayors through show of hands, but that had been challenged in the Lahore High Court, he added. He, therefore, asked the court to issue notice to the Punjab government as well.
Justice Gulzar questioned when did the LB polls were held in Sindh. Farough Naseem informed that the LB polls in the Sindh province were held in December, but still the local bodies are not allowed to function. Upon that Justice Dost remarked that the local bodies system empowers the people at grass roots level.
The bench accepting the Sindh government appeal issued notices to the advocate generals of Sindh, the Punjab, Khyber Pukhtoonkhawa, Balochistan and federal capitals and adjourned the case till March 30.