ISLAMABAD: The Muttahida Qaumi Movement Pakistan (MQM-P) on Thursday moved the Supreme Court of Pakistan, challenging the provisions of Sindh Local Government Act 2013 and statues/laws of other development authorities functioning in the province.
The MQM-P claimed that the Sindh government did not believe in transferring powers to elected representatives. “The local government elections were only made possible by the intervention of Sindh High Court and the Supreme Court of Pakistan. Now, despite such elections and availability of Article 140-A of the Constitution, the power and authority to the elected local bodies’ representatives is not being transferred,” said party convener Dr Farooq Sattar. Karachi Mayor Waseem Akhtar and Barrister Farogh Naseem were also present.
The MQM-P has made the federation of Pakistan, the Sindh government provincial law and finance departments and Pakistan People’s Party Parliamentarians (PPPP) as respondents in its petition, which has been filed under Article 184 (3).
In its petition, MQM-P has included the Karachi Development Authority (Revival and Amendment Act 2016), Sindh Building Control Amendment Act 2013, Sindh Mass Transit Authority Act 2014, Layari and Malir Development Authorities Amendment Acts 2013, Karachi Water and Sewerage Board Act 2016, Sindh Food Authority Act 2016 and Sindh Environmental Protection Act, 2014.
The petition stated that by legislating the 2013 act, the provincial assembly had not only violated the Constitution in terms of Article 140-A, but also usurped the powers of local government.
The petition stated that the apex court in the case of Raja Rab Nawaz had held that the question of municipal autonomy was a key question with regard to public administration and governance.
“On the one hand, the 2013 act has been legislated, while on the other hand sections 74 and 75 of the said 2013 act provide for the provincial government to take over the control of any devolved department directly or by way of creation of board, authority or any corporate Body.”
“It is respectfully submitted that the said sections 74 and 75 are ultra vires of Article 140-A of the Constitution since the functions which are municipal in nature cannot be allocated to the provincial government or any other body or authority within the control of the provincial government,” the petition stated.
MQM-P has requested the top court to declare section 3 of the Karachi Development Authority (Revival and Amending) Act, 2016, Sections 74 and 75 of the Sindh Local Government Act, 2013 and Section 18 of the Sindh Buildings Control Ordinance, 1979 illegal and unconstitutional.
“It further requested the top court to direct the provincial government for suitable amendments in the above mentioned statutes along with amendments in the Hyderabad Development Authority Act, 1976, Sehwan Development Authority Act, 1993, the Larkana Development Authority Act, 1994,” the petition stated.
