ISLAMABAD - Chief Justice Anwar Zaheer Jamali Tuesday said there is no concept of election through secret ballot in Islam as it hates hypocrisy.

“This concept has been taken from the West,” he further said, while heading a three-judge bench, while heard the appeal of Sindh government against the Sindh High Court judgment.

Every government legislates laws, which suit it, he said and added this creates an atmosphere of mistrust and cause destruction and the courts bear its burden. He said the laws have become toys as the governments make them according to their requirement.

The chief justice said the question arises why the provincial (Sindh) government had amended the Sindh Local Government Act 2013 many times? He said the governments for their own interest sometime hold elections through secret ballot and sometime through show of hands.

Justice Jamali further said that the purpose of amendment should be betterment of the people and not what suits the government and safeguards its interest. He held that unfortunately whatsoever comes to power makes laws for its own benefit and not for the betterment of masses.

The Sindh provincial government through third amendment in the SLGA 2013 changed the election of mayor, deputy mayor, chairman and vice-chairman of the councils through show of hands. Muttahida Qaumi Movement and Pakistan Muslim League-Functional challenged that amendment in the Sindh High Court, which declared the election through show of hand void. The Sindh government approached the apex court against the SHC verdict.

Mukesh Kumar, Additional Advocate General of Sindh, adopted the arguments of Farooq H Naek, who appeared on behalf of the Sindh government. However, he told that 33 per cent seats were reserved for women in the Local Governments through the third amendment in the SLGA 2013. He further said that in the original Act clause K in section 36 of SLGA was for the disqualification of any member of any union council if he does not vote to the party on which ticket he was elected. He said in this view show of hand is not unusual.

Additional Attorney General Waqar Rana, representing the federation, also opposed the Sindh High Court judgment. He said Article 226 of Constitution does not apply to the Local Government system.

The article says; “All elections under the Constitution, other than those of Prime Minister and the Chief Minister, shall be by secret ballot.”

He said Article 140A was inserted in the constitution through the 18th Amendment, adding under this article the election of local bodies were made mandatory otherwise it was up to the provincial government to hold LB polls. He contended that the constitution does not envisage the elections of LG through secret ballot.

Khyber Pakhtunkhwa AG Latif Yousafzai informed that LG elections have been completed in the province with the polls of nazim and naib-nazim of councils through ‘Open Division of House’. He said if the apex court declares that Article 226 is applicable to LB system then it should not hit KPK local governments as it is past and closed transaction.

Additional AG Balochistan told that on the direction of the BHC order the LG polls in the province were held through secret ballot. However, he supported the elections through show of hands.

Additional AG Punjab referred many articles of constitution under that elections of various offices, including President, Prime Minister, Chief Minister, Speaker National Assembly and Chairman Senate are held.

Earlier, Farooq H Naek, counsel of Sindh government, completed his arguments. Farough Naseem, lawyer of MQM would start his contention today. It is expected that after his arguments the bench may reserve the judgment with a short order.