Sindh LG Ordinance challenged in Supreme Court
The petition, which was filed in the Supreme Court’s Karachi Registry by ‘City Alliance’ petitioner Syed Muhammad Iqbal Kazmi of Pakistan Qaumi Movement, maintains that the ordinance’s promulgation while assemblies are present is against the law.
The petition stated that the “system would bitterly divide the rural and urban populace and would lead to more complexities in society” and that there would be two different systems in one single province.
The petitioner cited Governor Sindh, Chief Minister Sindh, Sindh Secretaries Law, Local Government Chief Secretary as respondents in the petition.
He maintains that both Mutahidda Qaumi Movement (MQM) and ruling Pakistan Peoples Party (PPP) remained in negotiations for almost two years during which 15 sessions of the provincial assembly were held.
A number of legislations including the Private Partnership Bill, Sindh Zakat Bill and Indus University Bill were introduced but the Local Government Bill was not tabled.
The petitioner maintains that there was no emergency situation in the province as for the almost four years, coalition partners had remained silent.
He said that suddenly, a discriminatory law was passed in the dark of the night to the detriment of the interest of the general public at large.
The ordinance, as per the petition, is in violation of “Articles 4, 5, 8, 25, 32 and 140”.
The articles mentioned in the petition are fundamental rights of individuals, following the Constitution, laws inconsistent with or in derogation of fundamental rights to be void, equality of citizens, the promotion of local government institutions, and the devolution of political, administrative and financial responsibility and authority to elected representatives of the local governments.
The ordinance states that civil defence, community development and organization, road networks for fisheries in the cities, civil welfare, games and sports board, culture, primary schools, technical education, finance and planning, basic health departments, chidren and womens’ health and other departments have been given to metropolitan corporations.
Other departments include Karachi Municipal Corporation (KMC) and Karachi Development Authority (KDA) land departments as well as the collection of property tax and other charges.
Health and safety systems, water treatment plants, sewerage system and drainage boards will also come under the same.
COMMENTS (34)
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@Mohammad Ali Siddiqui: @mystreeman: @Hairaan: Mr. Hairaan! Please remember that Pakistan is sixty-five years old and not young. Many wrongs were, are and will be committed. What have the nationalist and religious parties done for the betterment of common society? Partially if not wholly. If this is "Bunder Bant," so be it. Today Pakistan is screaming for an internal realization that education is freely available to all. Where is it? The 'ghost schools' and 'ghost teachers' are a black slur on our common face. What happened? Pakistan is crying for water and the frauds that have taken place and are taking place are known to all. Thanx to our TV and newspapers. Why the national stigma against the Kalabagh Dam pumped up by Sindh and Khyber Pakhtunkhwa. Who is responsible for the violence in universities? Who is responsible for violence against the state? Who is responsible for 'Karo Kari' and 'Vani'? These tribal customs are against the very injunctions of the Quran e Kareem, Sunnat e Rasool, and the Constitution. What have the political parties done to eradicate them? Nothing. Where is the application of agricultural tax and land reforms? These are a few wrongs presently rife in Pakistan. Right them. Salams
@Bukhari (voice of sindh): ada, you cannot have your cake and eat it too. you should accept those living in Karachi and other Urban centers as Sindhis no matter what language they speak. Sindh cannot remain stuck in past. it has to move forward. no one wants division of SIndh.
Too many of us are just talkers and there are handfull of doers, thats why we are seeing resistance the change.
Bringing slogan of hatred and division is same old nationality card that has worked well in past but it won't anymore.
Has any of you here Looked at our poor hari brothers? they still look like third world labourers while land lords drive around in air conditioned 4x4s and show off their expensive Rados. Just because these land lords inherited wealth it does not mean they can continue to make others suffer.
By the way in 60 years of Pakistan I never heard a land lone building a hospital or Univarsity from him own money for his haris. One day we will be able to help our hari brothers get what they truly deserve, let us clean the cities first :)
Entire USA has local government system, even police is part of local government and it has worked very well. People are happy and they are living quality life.
On the same token, I think MQM needs to do a better job this time as there will be no excuse. If it failed to deliver this time, I am voting for PTI.
Let this old mentality resign and retire and work for a new Pakistan.
Pakistan Zindabad!!!
1) Ban the quota system. It has destroyed Pakistan.
2) No duality of anything e.g. Governance, Education system, Parliamentarians, Government Officers etc
3) Free Chocolate cake for everyone!
@Bukhari (voice of sindh): You said " yes there is clear cut divide every where in quota system, if you don’t allow sindhiz to come in karachi institutions, obviously sindhiz will do so. physical balance is at the mid."
You accept that Sindh is already divided by quota system; now stop your diatribe against LG bill.
Once elected by what ever means, the so called representative of NA and the PAs do what is in their interest and not the people who send them there. I see one solution for this problem, LIMIT THEIR TENURE, 5 years term is a long time and it should be shortened to 3 years in the beginning and then 2 years for good. You will see how these politician will respond to their electorates because people will remember and will reject them when these politicians go for their own interests. As the saying goes, can you pull the animals from the trough of sloth or any food.
@Bukhari (voice of sindh):
I think you have never visited goverment universities in Karachi. People from interior are studying everywhere. Sindhi speaking citizens of Sindh are lucky that the leaders of the helm of PPP are far sighted or else people like Palijos and Magsi would have annhilated them. Karachi no longer has a Sindhi majority population and it is and will remain a part of Sindh. Some ordinance cannot divide Sindh but such blatant opposition without logic will!
Alas, freedom of speech and democracy in pakistan is dividing the people instead of integrating them. If you read blogs in newspapers on any issue,you will get the same impression.
@mystreeman: Fortunately or unfortunately , you cannot equate PML N with Punjabi .
They are fedralists and have , on fact, unfairly sacrificed Punjab to appease other provincial parties .
Punjab is as dear to Punjabis as Sindh is to Sindhis .
No politics should be played over division of provinces ( federating units).
People are not fool who protest against the black ordinance of SPLG 2012 (dual system) promulgated by the Governor of Sindh to split into two parts. Why was that ordinance hidden from other political parties and Media? Despite bringing it in Assembly, PPP & MQM presented it in darkness like thieves so that nobody could have objection. People of Sindh have serious concerns and anger on it. If that black ordinance was not withdrawn Govt. of Sindh and it’s ally will be responsible for everything.
@Bukhari (voice of sindh): Mr. Bukhari people like you are the trairors of Sindh who instigate hatred among permanent dwellers of sindh. Can you tell me how many seats are there for Karachi domicile holders in Sindh University, MUET, Shah Latif University, Chandka Medical College, Tando Jam University? How many students from Liaqatabad, Korangi, F.B.Area are studying in these universities? Quota system was the knife that was used to cut Sindh.
@Bukhari (voice of sindh): You are not voice of SIndh, how could you be the voice of Sindh that does not represent Urban dwellers of SIndh!
@Nasir Mahmood: Oh really; is it MQM who wants to divide the nation on ethnicity or was the nation not already divided on ethnic basis when MQM was born? PPP= Sindhi, ANP= Pashtun; PML (N) Punjabi
Great and brave move to avoid divide by Sindh. Its is BLACK DAY FOR SINDH Why issued ordinance when assembly is working and on requisition call session of provincial assembly will be start immediately.
This is a bad law. If at all it should be debated in Provincial Assembly in detail and then a decision be taken. Any Ordinance passed by any governor in middle of night is a bad law in my opinion
@ Bukhari, Nazims responsibility was the main arteries of the city, within an area its responsibility of the town nazim. So if within the area the services were provided ask the Town Nazim. I have been to Malir and have seen many parks and Road developed (not just recarpeted), where have you been living my friend, if you want bridges and underpass in Malir then its another story because its very congested. And also people of Malir have always voted for MQM. As for people of Lyari, Liyari water supply project was historic. Roads to the area were developed (not just carpeted). People of bhitshaw islands were provided with water supply, none of them gave vote to mqm. roads were constructed to connect neighboring goths to city, what more do you want ??
MQM is blackmailing PPP to complete its old agenda to divide Sindh and split the nation in ethnicity. Allah save us Pakistan from these so called politicians who are acting to fulfill their Master's agenda.
all over the world, there are different type of local govts for urban areas and rural areas.
Urban and rural divide is there, with or without the ordinance. PPP and MQM count for 140+ seats in 160+ Sindh assembly. What is wrong with the majority in assembly (=majority in province by definition of democracy) agreeing in LG system after intense negotiation? This petition will be dismissed by Supreme Court in the first hearing.
LBO in the dark of the night! Is this Democracy? It is dictatorship controlled through Governor House and Presidency. Down with MQM and PPP.
When the elected members take a decision, should it not be implemented, why do we keep on asking and invovling supreme court and at the same say that the judiciary is biased, if the elected members keep on taking decisons for personal benefit and ignore the electoral, then the whole democratic set up is a farce as it has proven so far...we are in a complex situation...it proves that that you need honest competent and caring leadership no matter where it comes from..be it democracy or dictatorship.
@Hairaan: well at east you accepted Quota System was wrong. Let Sindhi nationalist vocally say that Quota System was wrong and get rid of that. Sindh LB act can be discussed later.
I do not understand why Sindhi nationalists are blaming LB ordinance for dividing Sindh on Urban/ Rural bases when the fact is Sindh was already divided on Urban/Rural bases by Quota System. Why didn't the take the similar stance when Quota System was introduced and opposed it saying" One Sindh; One System".
People elect their representatives in the assemblies so that the elected representatives will act in the interested of the masses, but unfortunately in Pakistan no elected representative after his or her election works to solve the problems faced by a common man in the country.
Local Bodies Ordinance 2012 is nothing more than a "Bunder Bant" between the PPP and MQM(A).
Three political coalition partners have already partway.
People living in Sindh expect from the Supreme Court that it will take up the case and will deliver the verdict which is in the larger interest of the people.