Deputy to exercise powers till mayor remains in jail

ISLAMABAD: Karachi Mayor Waseem Akhtar’s deputy Arshad Vohra will exercise all the powers of his senior in the absence of the former because of his incarceration on grave criminal charges under the Sindh Local Government Act.

Its section 80(2) vests sweeping authority in the deputy mayor in case of the mayor’s absence for any reason.

It says when the mayor by reason of absence from Pakistan or any other cause is unable to exercise his powers and perform his functions, the deputy mayor will do so. However in the absence of both mayor and deputy mayor, the Sindh government may entrust their duties to some other member.

Even a day after taking oath, Vohra has started presenting himself as the acting mayor in Waseem Akhtar’s absence. Obviously, it was envisaged by the MQM before Tuesday’s swearing-in that the deputy will exercise the legal authority of Waseem Akhtar while the latter remains behind bars for a period unknown for the time being.

The mayor can come out of the prison to assume his responsibility in the KMC only on the permission of the concerned court because he is in jail on its orders. However, he has declared that he will function as mayor from his detention and will want his office to be set up there.

Under Section 79(2), the executive powers of the Karachi Metropolitan Corporation (KMC) vests in and be exercised by its mayor either directly or through any person authorized by him. It means that Waseem Akhtar has the authority to legally allow Vohra to exercise his powers till he comes out of prison on bail or due to his acquittal from criminal charges.

According to section 80(1), the mayor will, unless prevented by reasonable cause, preside at all meetings of the KMC, and regulate the conduct of business at such sessions; watch over its financial and executive administration and perform such executive functions as are assigned to him; exercise supervision and control over the acts and proceedings of all its employees and dispose of all questions relating to their service, pay, privileges and allowances in accordance with the rules.

The legal detention of Waseem Akhtar is the ‘reasonable cause’ or ‘any other cause’ that prevents him from chairing the KMC meetings till his imprisonment. There are no indications that he will be permitted to get bail or will be exonerated from the allegations any soon as authorities seem determined to arraign him for a host of charges despite the fact that he declared after his oath-taking that he was with the MQM Pakistan led by Dr Farooq Sattar.

The mayor will have power in cases of emergency to direct the execution or stoppage of any work or the doing of any act which requires the sanction of government or the KMC, and the immediate execution or stoppage or doing of which is, in his opinion, necessary for the service or safety of the public and the action so taken will forthwith be reported to the government or to the KMC at its next meeting; provided that he will not act under this clause in contravention of any provision of the Sindh Local Government Act or order of the KMC or government.

All KMC meetings will ordinarily be presided over by its mayor and in his absence by his deputy or a member chosen for that purpose by the members present. However, the meetings in which no confidence motion is moved against the mayor or any election is held to any of such offices will be chaired by such person or officer as may be nominated.

Every KMC meeting will be open to the public unless the presiding authority orders that the proceedings or any enquiry or deliberation should be in camera. However, the presiding authority may, at any time, cause any person to be removed who interrupts the proceedings or does not obey its rulings.

All decisions in a KMC meeting will be taken by majority of votes of the members present and voting.

The presiding authority will have a casting vote in case of equality of votes. Minutes of such meetings will be drawn up and recorded in a book to be kept for the purpose, and will be signed, as soon as practicable, by the presiding authority and confirmed by the KMC in its next session.