Sindh Local Government Act 2013: MQM request SC to nullify the act

Says the act is unconstitutional and outdated.

KARACHI:

Terming it unconstitutional and outdated, Muttahida Qaumi Movement (MQM) has challenged Sindh Local Government Act 2013 (SLGA) in the Supreme Court.

“Sindh Local Government Act 2013 contradicts Article 104-A of the Constitution,” says the petition filed, on Monday, with the apex court’s Karachi registry by MQM’s Dr Farooq Sattar.

The petition maintained that the above mentioned act of the Constitution has mandated establishment of a local government system through which the political, administrative and financial responsibility and authority are devolved to the elected representatives of the local government.

“The powers that are mandatory to be devolved include the municipal services, land, dealing law and order, transport, trade and commerce, health,  education, administration and service matters, financial matters, provincial financial committee, taxation, and department-wise allocation of budget,” the petitioner said.



The MQM leader argued that SLGA 2013 did not provide for devolution and decentralisation of the essential departments as suggested in the Article 140-A of the Constitution.

“Unless the political, administrative and financial powers are delegated to the lower levels, the local bodies system will be nothing but sheer autocracy,” he maintains in the plea, requesting the apex court to declare the SLGA 2013 unconstitutional.

The petitioner has also sought direction for the authorities to do a fresh legislation and pass local government law strictly in line with the Constitution.

“MQM wants restoration of Sindh People’s Local Government Act 2012 (SPLGA) with some amendments as there should be a metropolitan local government in Karachi, Hyderabad, Sukkur, Larkana, Mirpurkhas and Khairpur,” Sattar said.

Explaining his party’s view regarding the law, he said these governments should have control over the master plan, building control authority, traffic police, local policing, land use, and the Katchi Abadis.

Published in The Express Tribune, October 29^th, 2013.