KARACHI, July 18: The Sindh High Court on Monday issued notices to the attorney general of Pakistan, the advocate general of Sindh, the federal law, justice and parliamentary affairs ministry, the acting governor and the deputy speaker of the Sindh assembly, the Sindh chief secretary and the Sindh secretary of local bodies over the petition challenging revival of the commissioner system in the province.

A division bench comprising Chief Justice Mushir Alam and Justice Muhammad Ali Mazhar was hearing the petition filed by Advocate Moulvi Iqbal Haider who challenged the repeal of the Sindh Local Government Ordinance (SLGO) 2001 through promulgation of ordinances by Sindh acting governor Nisar Ahmed Khoro and the subsequent restoration of the SLGO 1979. He impleaded the federal law, justice and parliamentary affairs ministry, the acting governor and the Sindh assembly deputy speaker, the Sindh chief secretary and the Sindh secretary of local bodies as respondents.

Mr Haider, who is also chairman of the Awami Himayat Tehrik Pakistan, submitted that acting governor Nisar Khoro promulgated three ordinances whereby the old commissioner system called the Sindh Local Government Ordinance 1979, the Police Act 1861 and the Land Revenue Act 1967 were restored. The said ordinances were tabled in the provincial assembly which subsequently passed them on July 13, 2011, vide impugned bills, he contended.

He contended that the promulgation of these ordinances was gross violation of Articles 5, 9, 14, 15, 16, 19, 25, 32, 140-A, 143, 175(3), 261, 264 and 270AA of the Constitution of 1973.

He stated that the SLGO 1979 was repealed and the SLGO 2001 was promulgated under the chief executive’s order by the then governor of Sindh.

Therefore, the SLGO 2001 and the subsequent amendment were protected through passing of the 17 and 18 Constitutional Amendment Acts whereby Articles 140(A), 143 and 270AA were incorporated, he said.

He argued that the SLGO 1979 under scheme of Article 264 read with Articles 5, 9, 32, 140-A, 143 and 270AA could not be revived in any manner expect as otherwise provided in Articles 238 and 239 of the constitution.

He stated that the acting governor of Sindh restored the commissioner system by reviving the SLGO 1979 and the Police Act 1961 and also the Land Revenue Act 1967 through separate three impugned ordinances which were challenged by a petitioner in the Supreme Court of Pakistan.

He said that as soon as this news appeared in the media, the Sindh chief secretary with the connivance of the acting governor and the deputy speaker of the Sindh assembly immediately tabled the said ordinances in the provincial assembly in the shape of bills which were passed by members of the Sindh assembly with a simple majority.

According to the petitioner, the acting governor described the SLGO 2001 as controversial and, therefore, the government respecting desires of people repealed the same by reviving the old commissioner system.

The old commissioner system was revived only in Sindh while other provinces were running functions and affairs of local governments under the system which was protected under 17th and 18th Constitutional Amendment Acts.

Under the scheme of Article 143, the previous system under the SLGO 1979 could not be revived until and unless a constitutional amendment was made, he said.

Even in case of any act of the assembly of Sindh was repugnant or contrary to any provision of Act of Majlis-i-Shoora (parliament) which was competent to enact, then act of the parliament whether passed before or after the act of the provincial assembly shall prevail and thus the act of provincial assembly shall be void, he said.

He argued that the SLGO 2001 had become more effective when Article 140-A was incorporated through passing of 17th and 18th Constitutional Amendment Acts whereby each province established their local governments to devolve political, administrative, financial responsibility and authority to elected representatives of local government whereby election of local government shall be held by the election commission of Pakistan (ECP).

He stated that the respondents could make amendments to the SLGO 2001 and/ or introduced a new local government law, but could not revive repealed/ dead law.

After preliminary hearing, the SHC division bench order said: “The petitioner has impugned Ordinance issued on July 9, 2011, whereby SLGO 1979 has been restored and SLGO 2001 has been repealed. Issue notice to respondents as well as Advocate General Sindh so also Attorney General of Pakistan.”

The hearing was adjourned to a date to be later fixed by the court’s office.—PPI