ECP asked to complete LB polls within 60 days: SC orders Mayors', others' elections through secret ballot

The apex court on Friday issued directives to Election Commission of Pakistan (ECP) to complete remaining phases of Local Bodies (LB) elections in Sindh for the reserved seats and the offices of Mayor, Deputy Mayor, Chairman and Vice Chairman within two months. Sindh government had challenged Sindh High Court (SHC) verdict, which had declared provincial Local Government (Amendment) 2016 that replaced secret balloting with a show of hands to choose representatives in the province as void in response to identical pleas of Muttahida Qaumi Movement (MQM), Pakistan Muslim League - Functional (PML-F) and others on February 9, 2015.
Announcing its 4-page reserved verdict in the matter, a three-judge bench led by the Chief Justice Anwar Zaheer Jamali ruled that the provincial government has the right to amend the law pertaining to local government elections but amendment after issuance of election schedule is illegal. The court observed that the elections for the posts of mayor, deputy mayor, chairman and vice chairman are to be held under the Constitution and the law 'Sindh Local Government Act, 2013', therefore, it is within the competence of the Sindh Government to legislate law to hold such elections either through show of hands or secret ballot.
However, the short order ruled that in the matter in hand, since such amendment has been brought into effect under Section 18 on January 18, 2016, after the announcement of election schedule on August 26, 2015, therefore, such amendment is of no legal effect, and as per the Sindh Act No XXXVIII of 2015, the ensuing elections for these posts will be held through secret balloting.
The verdict ruled that all notifications regarding transfers and posting of bureaucrats issued by the appellant after the date of announcement of election schedule for Sindh Local Bodies ie May 30, 2015, without prior approval from the ECP, are declared to be without jurisdiction and of no legal effect. The court further ruled that the amendment brought into effect by the Province of Sindh vide Sindh Local Government (Third Amendment) Act, 2015 (Sindh Act No XXXVIII of 2015) with effect from August 25, 2015, as regards introduction of 05 percent reserved seats for "Youth" and increase in the number of reserved seats for women from 22 percent to 33 percent, is held to be validly legislated; thus, to remain operative.
The court said in its order that with the consent of the Sindh government, MQM, Pakistan Muslim League-N and advocate Dr Babar Awan, all the reserved seats as prescribed under section 18 shall be filled up in terms of Section 18-A of the Sindh Local Government Act, 2013, which will be revived and such amendment will be brought into effect by the appellant immediately.
The court ruled that in case, requisite legislative amendment is not made within two weeks these seats shall be filled up in the manner as otherwise prescribed by law. The court directed its office to send copy of the instant order through Fax to the Secretary ECP, Chief Secretary of the Sindh province and other concerned authorities for their information and compliance.
The short order observed that the MQM and PML-F had filed their written statements and submitted that with regard to the issue of youth seats, neither MQM nor PML(F) filed any petition in the High Court and hence they are not aggrieved on this issue.
Similarly, with regard to women seats, both MQM and PML-F are also neutral with regard to the percentage of the seats. The court ruled that both MQM and PML-F are of the considered view that all indirect elections in the LB polls, whether they pertain to Mayors, Deputy Mayors, Chairmen and Vice Chairmen should be conducted through secret ballot and not through show of hands.
They also demanded that no bureaucratic transfer should be made by the government except upon permission from the ECP, after the announcement of the elections. The MQM and PML-F had contended that the distinction attempted to be brought about by the appellant that the indirect elections for Mayors, Deputy Mayors, Chairmen and Vice Chairmen are separate elections is incorrect. All elections to the Local Government are part and parcel of each other, as one leads to another.