Local govt polls possible only after reforming relevant law, SHC told

The select committee constituted for the purpose of amending the local government act has decided that LG elections can be held only after making the necessary reforms in the law, the Sindh High Court (SHC) was told on Tuesday.

The decision came during a meeting of the select committee that was formed to amend the LG act to ensure that it was in line with Article 140A of the constitution.

The committee, which held its meeting under the chairmanship of LG Minister Syed Nasir Hussain Shah, along with lawmakers of the Muttahida Qaumi Movement (MQM) and the Pakistan Tehreek-e-Insaf, suggested that holding the polls will serve no purpose without carrying out the necessary reforms in the law.

They were of the view that it would be in the fitness of things and for all political purposes that the LG elections were held after making the necessary reforms in the relevant law.

The provincial law officer filed the minutes of the meeting before the SHC on the petition of the MQM convenor seeking implementation of the Supreme Court’s orders on the LG law.

The officer said the select committee had decided that the minutes of the meeting and the decision of the select committee should be brought to the knowledge of the court through the provincial advocate general. After taking the comments of the law officer on record, the high court directed the MQM’s counsel to file a rebuttal, if any, on the next date of the hearing.

MQM convenor Khalid Maqbool Siddiqui and others had filed a petition in the SHC seeking implementation of the SC’s order with regard to the LG law. They said in the petition that the SC had directed the provincial government to establish a local administration that possessed meaningful authority and responsibility in the political arena, and in administrative and financial matters.

They also said the SC had observed that it was the duty of a province through the provincial government and the provincial assembly to purposefully empower local governments so as to comply with their mandatory obligation under Article 140A of the constitution.

They further said the SC had also held that the laws made by the provincial government in respect of the Sindh Building Control Authority, the Karachi Development Authority, the Malir Development Authority, the Karachi Water & Sewerage Board or other development authorities, or any dispensation pertaining to the Board of Revenue, the Master Plan Department or other development authorities purporting to override or conflicting with the actions taken by an elected local administration are against the constitution.

They requested that the Sindh government be directed to bring all these laws in accord with Article 140A. They said that sections 74 and 75(1) of the 2013 LG act 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, so they are liable to be struck down.