LG councillor goes to court

IHC issues notices to federal government and Mayor, CADD on councillor’s petition

ISLAMABAD: Over two years after they were first elected, a local government councillor has gone to court seeking power to help residents of his union council.

The court has subsequently issued notices to the Establishment Division secretary, Islamabad Metropolitan Corporation (IMC) Mayor Sheikh Anser Aziz, Ministry of Capital Administration and Development Division (CADD), Ministry of Interior and the Local Government secretary and directed them to appear before the court today (Tuesday).

The Islamabad High Court (IHC) Division Bench issued notices to Secretary Establishment Division, Islamabad Metropolitan Corporation (IMC) Mayor, Ministry of Capital Administration and Development Division (CADD), Ministry of Interior and Secretary Local Government and directed them to appear before the court on Tuesday (today).

Raja Mumtaz Ali, who had been elected as a general councillor from Union Council-10 Kirpa in the capital, had filed a petition in the Islamabad High Court.

In his petition, Ali stated that his good reputation in the community had helped him garner 639 votes in the November 2015 elections.

Ali said that the votes had been cast by locals with the hope that he, a lawyer who knew the laws and aware of local problems at the street level, would be able to find a solution through the local government system.

After the election, Ali said that people approached him to solve their municipal problems including poor street conditions, malfunctioning water pumps, irregular water supply, electricity poles and hospitality services such as death, birth certificates.

Noting that local government elections were held as per the directions of the Supreme Court, while delays in the election were explained by the respondents as time was required to draft comprehensive local government laws.

Ali argued that while a number of sections were added to the law, there was no section which pertained to granting any power to general councillors or members of the local government. Rather, the law only described powers and duties of the chairman and deputy chairman under Section 70(1) of chapter VII of the Islamabad Capital Territory Local Government Act 2015.

He further stated that while a defective function was assigned to members of union councils, his hands as a general councillor were largely tied with no authority assigned to do anything or to participate in the functions, legislation and affairs of union councils.

The appellant further stated that the law framed under gazette of Pakistan by the federal government had excluded any role for general councillors while they were never consulted on it.

Ali further argued that under section 84 of the Local government Act 2015, they could decide on honouraria and allowances for the mayor, the chairmen, deputy mayor, vice chairmen, and members of the local government, but it did not provide for any honoraria or allowances for members of union councils.

This discrimination, he claimed, created a situation where the directly elected mayor and chairman were enjoying offices and access to budgetary benefits against the wishes of the people.

He said that the action of the respondents violated principals of good governance and fair play.

Ali urged the court to set aside the law to make way for a comprehensive and more complete law which is based on the fundamental rights of the general public.

A two-judge bench of the Islamabad High Court, comprising Justice Athar Minallah and Justice Gul Hussain on Monday accepted an intra-court appeal against the orders passed by a single bench of Justice Aamer Farooq on October 26, 2017, and issued notices to the respondents. 

Published in The Express Tribune, January 16^th, 2018.