ISLAMABAD: Islamabad High Court (IHC) on Tuesday issued notices to secretaries of the ministries of law and interior on a petition filed against the recently-promulgated ordinance for holding direct election of mayor of the federal capital.
The petitioner, former chairman of a union council in I-9 Sardar Mehtab Ahmed Khan, has challenged the ‘Islamabad Capital Territory Local Government Ordinance 2021’, which abolished the election of mayor through the chairmen of union councils and also removed the post of deputy mayors.
The petitioner’s counsel, Qazi Adil Aziz, adopted before IHC Justice Mohsin Akhtar Kayani that earlier the local government (LG) elections were confined to the rural areas only, however, the LG Act 2015 extended their scope to the urban areas.
According to him, the legislature deemed it necessary that political, financial and administrative functions of the government be devolved to the grassroots level for the betterment of the people at large.
The petition said the Metropolitan Corporation Islamabad (MCI) was formed under the LG Act 2015 and several administrative and financial functions were devolved upon the MCI, adding that most of the departments transferred to the corporation were being managed by the Capital Development Authority (CDA).
Criticising the LG ordinance, the petition said this was promulgated without passing the necessary formalities.
It said the ordinance “introduced an altogether new structure of the local government in Islamabad and created multiple tiers within the local government. In doing so they have provided mechanism for direct election of the mayor of Islamabad, no deputy mayor, created ICT Council which would be an un-elected nominated body of members to be appointed/nominated by political parties, and neighbourhood councils which had no direct link even with the mayor of Islamabad.”
The petition contended that the said ordinance had repealed a law which was based upon an Act of Parliament and was passed after due course. It requested the court to set aside the presidential ordinance.
IHC Justice Kayani, after issuing notices to the respondent ministries, adjourned further hearing till Jan 11.
Published in Dawn, December 30th, 2021
Dear visitor, the comments section is undergoing an overhaul and will return soon.