ISLAMABAD: The Supreme Court on Wednesday noted that the local government system has deteriorated because of the political interference coupled with the financial control.

A three-judge bench, headed by Chief Justice Gulzar Ahmed, was hearing the petitions seeking empowerment and autonomy for local government institutions in Sindh, and the declaration of the Punjab Local Government Act, 2019, and the Punjab Village Punchayat and Neighbourhood Councils Act, 2019 as ultra vires to the Constitution.

The bench on the PTI petition issued notices to the respondents.

The PTI and Asad Umar, Minister for Planning and Development, on Tuesday filed a petition under Article 184(3) of Constitution and cited Federation through secretary Cabinet, secretary Ministry of Finance, chief secretary Sindh, secretary Local Government, Sindh, secretary Sindh Assembly, secretary Finance, Sindh, and the Pakistan Peoples’ Party Parliamentarians as respondents.

The Chief Justice said what was the use of ideal laws when they were not implemented. The laws promulgated in the Punjab and Khyber-Pakhtunkhwa are not based on the ground realities.

He said the local bodies laws should be made in accordance with the mandate of Constitution, particularly Article 140-A.

Justice Ijazul Ahsan said Karachi was a large city but had multiple problems, adding even in Islamabad the mayor did not have powers.

He observed that there was no coordination between the mayor and the implementing agency. The Solid Waste Management Department is with the mayor but the Capital Development Authority has control over its employees.

He said whatever the funds collected from Karachi were not used for its development.

The bench noted there was no accountability system in Karachi as the party which ran the province had no local government representatives in Karachi.

The Chief Justice said Muttahida Qaumi Movement (MQM) did nothing for the city, though it had mayorship of Karachi.

He said in the recent heavy rains water entered into the houses, but the Karachi Metropolitan Corporation (KMC)’s 30,000 employees were not seen in the economic hub. He said the KMC had ghost employees, as they did nothing but were paid Rs5 billion annually. Salahuddin Ahmed advocate, representing MQM, argued that if the law was rationalised then there were chances of its improvement.

He, however, said that the hotchpotch system was designed by the Sindh government that even an angel could not run it.

He prayed to the bench to declare Sections 74 and 75 of the Sindh Local Government Act, 2013, and Section 18 of the Sindh Building Control Ordinance, 1979 as ultra vires of the Constitution.

He said the power to generate revenue should be devolved to the LGs, adding there had to be across the board trade between the districts and the provinces.

He said, earlier, there was certain tax such as octroi with the LG but later abolished.

The bench, after hearing the arguments, directed the petitioners to file synopsis, along with supporting documents and laws before the next date of hearing, and adjourned the case until the second week of October.

Copyright Business Recorder, 2020