High court moved to implement SC order on local govt laws

The Pak Sarzameen Party (PSP) on Wednesday filed a petition in the Sindh High Court (SHC) seeking the implementation of the Supreme Court’s order in respect of the local government law in the province.

PSP leader Arshad Vohra stated in the petition that the SC had directed the provincial government to establish LGs possessing meaningful authority and responsibility in the political arena, and in administrative and financial matters.

Vohra said the SC had pointed out that it is the duty of a province through its government and the legislative assembly to purposefully empower LGs so as to comply with their mandatory obligation under Article 140A of the constitution.

He said the SC had also stated that the provincial government’s laws formulated in respect of the Sindh Building Control Authority, the Karachi Development Authority, the Malir Development Authority, the Karachi Water & Sewerage Board and other development authorities engaged in any dispensation pertaining to the revenue board or the master plan department, or any other development authority purporting to override and take conflicting action by an elected LG are against the scheme of the constitution.

He also said the Sindh government had been directed to bring all those laws in accord with the mandate of Article 140A of the constitution. Vohra said sections 74 and 75(1) of the Sindh Local Government Act 2013 are against the principles enshrined in the objectives resolution and the fundamental rights enacted in articles 9, 14 and 25 of the constitution, and they are also contrary to and in direct conflict with Article 140A of the constitution, so they are liable to be struck down.

He said that considerable time has lapsed but the provincial government has not initiated any action towards the implementation of the SC judgment, and by not implementing the order the government is clearly violating Article 140A of the constitution.

He also said that the delay in the implementation of the SC order will adversely affect and defer the LG elections that are already overdue. He requested the court to direct the Sindh government to implement the SC order in respect of LG laws.