ISLAMABAD - The Sindh government Tuesday challenged the Sindh High Court judgment to declare the amendment in the local governments law as void.

The Sindh government filed an appeal in the Supreme Court through advocate Farooq H Naek against the SHC’s February 10 order.

Muttahida Qaumi Movement and Pakistan Muslim League-Functional 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 Constitution which allows secret polling. The high court on February 10 struck down the Sindh Local Government (3rd amendment) Act 2015.

The provincial government contended that the high court had 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 the matters relating to the election of local governments.

“The high court has failed to appreciate that the provincial autonomy desired by the people of Pakistan and reflected in the 18th amendment of the constitution, envisages strengthening the provincial legislature and executive authorities,” said the petition.

The provincial government contends that amendment in Sindh Local Government Act was made with intention to conduct the election to the slots of mayor, deputy mayor, chairman, vice chairman and members of reserved seats be held in transparent , fair and free manner to avoid corrupt practices which is the mandate of Article 219 of the constitution.

The Sindh government further stated that no question of public importance with reference to the enforcement of any fundamental rights conferred by Chapter 1, Part II of the constitution was involved in the facts and circumstances of the constitutional petitions, filed by MQM and others. It is submitted that the high court entertained and allowed the petitions without jurisdiction.

The petition questions whether the SHC erred in directing the Election Commission of Pakistan to immediately fix the date for conducting election of mayor, deputy mayor and others through a secret ballot before the conduct of indirect elections to the reserved seats for women, youth, labrourers and non-Muslim, who have to vote to the mayor, deputy mayor and others.

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