Substantiating secret ballot on Wednesday for mayoral elections in Sindh, Muttahida Qaumi Movement's (MQM) counsel Barrister Faroogh Nasim pleaded that the Article 226 of the constitution provides a level playing field for contestants. Concluding his arguments before a three member bench of Chief Justice Anwar Zaheer Jamali in favour of Sindh High Court verdict which had declared Sindh Assembly's amendment that replaced secret ballot with a show of hands to choose representatives in the province void, Dr Nasim said the Article is self executory.
The Article 226 of 1973 Constitution stipulates that, "All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot". Dr Nasim contended that in India right to vote is not a fundamental right but is a statutory right whereas in Pakistan right to vote is a fundamental right but not a statuary right. He further said that after the 17th and 18th Amendments local government elections were held in the country under the constitutional provisions.
It is important to mention that earlier the Sindh government's counsel Farooq H Naik had pleaded that instead of declaring show of hand to choose representative related provision void, the SHC had annulled the entire amendment of the law, saying that after the verdict there is no local government law in the province. He had repeatedly tried to convince the court that the SHC granted remedy to the petitioners which they had not sought in their pleas. Representing Pakistan People's Party Parliamentarian (PPPP), Babar Awan said he would deliver arguments on the point that it is question of legislation competence. Later, the bench adjourned the hearing of case till April 07 (Today).
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