MQM approaches SHC for implementation of SC judgment on LG Act

KARACHI: The Muttahida Quami Movement-Pakistan (MQM-P) said on Tuesday it has filed a constitutional petition in the Sindh High Court (SHC) for enforcement of the Supreme Court judgment given on its petition challenging the Sindh Local Government Act (SLGA), 2013.

The MQM provincial lawmaker Kanwar Jameel told reporters at the high court that they had approached the court to challenge the SLGA 2021, but changed their pleadings in the light of the Supreme Court judgment announced Tuesday morning.

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The bench held that it is the duty of a province empower the local governments in the province so as to comply with their mandatory obligation under Article 140A of the Constitution.

The bench observed that the powers in relation to master plan and spatial planning which historically belongs to the elected local government have been superimposed with similar functions vesting in the provincial laws.

“To the extent of conflict in the exercise of their respective powers and functions by the elected local government and the statutory authorities or on account of legal provisions having overriding effect, Article 140A of the Constitution confers primacy upon the authority vesting in an elected local government over the powers conferred by law on the provincial government or agency thereof. Notwithstanding the above, the provincial government in any case is under a duty to establish harmonious working relationship with an elected local government, giving respect to its decisions,” the court held.

The apex court declared that the laws made by the provincial government i.e. the Sindh Building Control Ordinance, 1979, KDA Order No.5 of 1957, Malir Development Authority Act, 1993, Lyari Development Authority Act, 1993, Karachi Water and Sewerage Board Act, 1996, Hyderabad Development Authority Act, 1976, Sehwan Development Authority Act, 1993, Larkana Development Authority Act, 1994, any dispensation pertaining to the Board of Revenue or the Master Plan Department or any other Development Authority in the province of Sindh and the Sindh Mass Transit Authority Act, 2014, the Sindh Food Authority Act, 2016, the Sindh Environmental Protection Agency Act, 2014, taken by an elected local government are held to be against the scheme of the Constitution and the provincial government is directed to bring all those laws in accordance with the mandate of Article 140A of the Constitution.

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The bench held that Sections 74 and 75(1) of the Act of 2013 are against the principle enshrined in the Objectives Resolution and the fundamental rights enacted in Articles 9, 14 and 25 of the Constitution and are also contrary to and in direct conflict with Article 140A of the Constitution and thus, declared ultra vires and struck down.