KARACHI, Nov 16: The provincial government has termed the city nazim's writ petition against it for suspending his notifications in respect of the Lyari and Malir development authorities legally untenable.

In its parawise comments on the city nazim's petition submitted by Advocate-General Anwar Mansoor Khan in the Sindh High Court, the government said that under Section 13 of the Sindh Local Government Ordinance, 2001, a city district government can sue and be sued in its name but only through the district coordination officer. The instant petition, it pointed out, had not been signed by the DCO (since transferred).

Besides, the functions of the city nazim had been specified by Section 5 of the SLGO and neither it nor the CDG rules of business authorize him to move a petition or institute other proceedings against the provincial government.

The government also clarified in its comments that the city nazim's notification of September 2004 had not been superseded but only suspended pending devolution of the Lyari and Malir development authorities on the respective town administrations.

No final decision had been taken and the matter was yet to be settled. The issue agitated by the petitioner was pending disposal by the provincial local government commission and his petition was liable to be dismissed on this ground alone, it maintained.

The respondent government also submitted that under the law, the two development authorities were first to be devolved on the Lyari and Malir town administrations. The city nazim was advised to recall his notification in view of the provisions of Sections 182 and 187 of the SLGO but he chose to ignore the advice. It was forced to intervene and refer the matter to the provincial local government commission, which was the final authority.

The petition was to come up before an SHC division bench last Friday but the hearing was adjourned to a date in office for paucity of time.