In the Supreme Court of Pakistan 
(Appellate Jurisdiction) 
 
Present: 
Mr. Justice Anwar Zaheer Jamali, HCJ 
Mr. Justice Amir Hani Muslim 
Mr. Justice Iqbal Hameedur Rahman 
 
Civil Appeals No.760 to 765 of 2016. 
(on appeal from judgment of High Court of Sindh, Karachi 
dated 10.2.2016, passed in C.Ps No.D-540 to 543, 419 & 468/2016) 
 
The Province of Sindh through Chief Secretary, etc 
Appellants 
Versus 
Muttahida Qaumi Movement (MQM), etc (in CA-760 & 761/16) 
Pakistan Muslim League (Functional), etc (in CA-762 & 763/16) 
Pakistan Muslim League (N), etc (in CA-764/16) 
Jam Abdul Karim Bijar, etc (in CA-765/16) 
Respondents 
 
For the appellants:  
Mr. Farooq H. Naek, Sr.ASC. 
Mr. Mukesh Kumar Karara, Addl.A.G. Sindh. 
Raja Abdul Ghafoor, AOR. 
 
For the respondents: 
Dr. Muhammad Farogh Naseem, ASC. 
(in CA-760 & 761/16) 
a/w Mr. Waseem Akhtar, in person. 
& For respondent No.1 
(in CA-762-763/16) 
 
For the applicant: 
 
Raja M. Ibrahim Satti, Sr. ASC (CMA-1758/16) 
Mr. Mubeen-ud-Din Qazi, ASC (CMA-2256/16) 
 
For respondent No.9: 
Dr. Babar Awan, ASC. 
(in CA No.760/16)  
Ch. Akhtar Ali, AOR. 
a/w Mr. Saeed Ghani, in person. 
 
For ECP: 
 
 
Mr. Babar Yaqoob Fateh Muhammad, Secretary 
 
Other respondents:  
N.R. 
 
On Court Notice: 
 
Mr. Muhammad Waqar Rana, Addl.AGP. 
Mr. Shakeel-ur-Rehman Khan, A.G Punjab. 
Mr. Abdul Latif Yousafzai, A.G KPK. 
Mian Abdul Rauf, A.G. Islamabad. 
Mr. Ayaz Swati, Addl.A.G Balochistan. 
 
Dates of hearing: 
 
4th, 5th, 6th, 7th, 12th and 14th April, 2016. 
 
ORDER 
 
 
Arguments in these connected appeals were heard on several 
dates of hearing, during which, on 12.4.2016, some suggestions were also 
exchanged between the learned ASCs for the appellant and respondents 
CA-760/2016, etc 
2
No.1, 3 and 9. In response to it, following written formulations have been 
sent today by Dr. Muhammad Farogh Naseem, learned ASC. 
“Formulation and Written Arguments on behalf of MQM and 
PML(F). 
Further to write-up dated 6.4.2016 and the Addendum dated 7.4.2016 
the Respondents are filing the present 2nd Addendum. 
2. 
The undersigned appears on behalf of MQM and PML(F), whose 
instructions are as follows:- 
a) 
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. 
b) 
with regard to women seats, both MQM and PML(F) are 
also neutral with regard to the percentage of the seats. 
3. 
Both MQM and PML(F) are of the considered view that all 
indirect elections in the Local government elections, whether they 
pertain to Mayors, Deputy Mayors, Chairmen and Vice Chairmen should 
be conducted through secret ballot and not through show of hands. Also 
no bureaucratic transfer should be made by the government except upon 
permission from the ECP, after the announcement of the elections. 
4. 
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. It is settled law that election starts from the first step and 
includes all subsequent steps till the culmination. Hence, the law which 
was applicable on the first date of the announcement of elections i.e. 
25.8.2015 (reference is invited to para 4 of the undersigned’s first write-
up) will be applicable right till the end when the elections of Mayors, 
Deputy Mayors, Chairmen and Vice Chairmen so also the reserved seats 
would culminate.” 
2. 
After hearing the learned ASCs for the parties at length, for the 
reasons to be recorded separately, these appeals are partly allowed in the 
following terms:- 
(i) 
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 25.8.2015, 
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. 
CA-760/2016, etc 
3
(ii) 
With the consent of the appellant and respondents No.1, 3 & 
9, all the reserved seats as prescribed under section 18 shall 
be filled up in terms of section 18A of the Sindh Local 
Government Act, 2013, which will be revived and such 
amendment will be brought into effect by the appellant 
immediately. 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. 
(iii) 
The elections for the posts of Mayor, Deputy Mayor, 
Chairman and Vice Chairman are to be held under the 
Constitution and the law i.e. the 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, in the 
present case, since such amendment has been brought into 
effect under section 18 (ibid) on 18.1.2016, after the 
announcement of Election Schedule on 26.8.2015, 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 ballot. 
(iv) 
All notifications regarding transfers and posting of 
bureaucrats issued by the appellant after the date of 
announcement of Election Schedule for Sindh Local Bodies 
i.e. 30.5.2015, without prior approval from Respondent 
No.6, the Election Commission of Pakistan, are declared to 
be without jurisdiction and of no legal effect. 
(v) 
The 
Election 
Commission 
of 
Pakistan 
shall 
ensure 
completion of remaining election process of local bodies in 
Sindh for the reserved seats as well as for the office of Mayor, 
CA-760/2016, etc 
4
Deputy Mayor, Chairman and Vice Chairman within 60 days 
from today. 
3. 
 
The impugned judgment of the High Court is accordingly 
modified in the above terms. 
4. 
 
A copy of this order be sent through Fax to the Secretary, 
Election Commission of Pakistan; Chief Secretary, Government of Sindh, 
and other concerned authorities for their information and compliance. 
 
 
 
 
 
 
 
 
Announced. 
Islamabad, 
15th April, 2016. 
 
Chief Justice 
 
Not approved for reporting. 
تﻗادﺻ 
Chief Justice 
 
 
Judge 
 
 
Judge 
 
