KARACHI: The Sindh High Court on Monday directed the counsel for the Pak Sarzameen Party to advance arguments about the maintainability of a petition filed against the new local government bill passed by the provincial assembly.
PSP leaders Arshad Vohra and Syed Hafeezuddin had petitioned the SHC stating that the Sindh Local Government (Amendment) Bill, 2021 passed to make changes in the Sindh Local Government Act, 2013 was in violation of various provisions of the Constitution.
A two-judge bench headed by Chief Justice Ahmed Ali M. Shaikh took up the petition for hearing and directed the lawyer to satisfy the court about the maintainability of the petition.
While questioning the maintainability of the petition, the bench asked the counsel how a bill could be challenged in court.
Replying to a query of the bench, the petitioners’ lawyer submitted that the provincial government had sent the bill in question to the Sindh governor for his assent.
The bench adjourned the hearing for a date to be later fixed by the office.
While citing the chief minister, chief secretary, provincial assembly speaker, LG minister and secretary as respondents, the petitioners argued that the bill was now pending for approval with the governor and if signed it would become part of the SLGA 2013 and the citizens of Sindh would be deprived of all their rights as envisaged under Article 8 of the Constitution.
They maintained that instead of devolving the powers to elected LG representatives, the respondents grabbed all the functions and duties of the local government by passing such a bill despite the fact that Article 7 and 140-A were very clear about the meaning of the state and local government.
The petitioner further submitted that the bill was prejudice for the entire province and especially for Karachi, Hyderabad and other urban areas of Sindh as the amendment in Section 140-A of the new bill (power of government to amend schedules) said, “Notwithstanding anything contained in this act the government shall have power to amend, alter, add or remove any entries from the schedules, by notification and the official gazette”.
Through such an amendment the respondents had taken absolute rights over the province to make changes in the law unilaterally and as absolute authority, they maintained and pleaded to restrain the respondents from enactment and promulgation of the bill in question as an act and subsequent amendment in the SLGA 2013. The Pakistan Tehreek-i-Insaf has also filed an identical petition against the LG bill a few days ago.
Published in Dawn, December 7th, 2021
