The Supreme Court has been urged to direct the Punjab government to empower local governments as per Article 140A of the Constitution.
It has also been prayed that the provincial government be ordered to hand over the administrative control of the authorities/companies like LDA, WASA, TEPA, PHA and LWMC to the Metropolitan Corporation Lahore (MCL) and other local governments.
Col Mubashar Javed (retd) filed the petition under Article 184(3) of the Constitution on Friday. The petitioner was elected MCL mayor unopposed on the PML-N ticket and enjoys the majority of 308 members out of total House of 319 members.
He submitted that the Punjab Local Government Act, 2013 was introduced for the first time and framing of relevant Rules and Bye-Laws was under process, therefore the petitioner had to work hard in collaboration with the provincial government to bring the newly established system out of its infancy stage, by getting framed the Rules of Business as well as the Rules for Works, HR, Office Establishment, Taxation, etc, as well as the relevant bye-laws, which consumed substantial time.
He informed the court that further negotiations with the provincial government also succeeded and further empowering of the deputy mayors through delegation of power of the mayor, to ensure further devolution of powers to the lower/grassroots level envisaged under the provisions of Article 140-A of the Constitution as well as the preamble of the PLGA 2013 was, in principle, agreed by the then CM Punjab. However, 'unfortunately', the tenure of the provincial government ended and caretaker CM took over the control of the provincial government on 08-06-2018.
"The change of regime in Punjab resulted in launch of an organised campaign against the elected local governments, as the most of the local governments in the Punjab were headed by the mayors/chairmen elected on PML-N party ticked with overwhelming majority.
"Instead of empowering local governments in Punjab, the the provincial government started usurping and encroaching upon the functions, power and authority of the local governments especially that of the Metropolitan Corporation Lahore (MCL) by denuding them of the powers and authority already vested in them under the Constitution.
"The devolved powers of the local governments are being abridged, diluted and impeded by the provincial governments of the Punjab through civil administration and other unelected officials/government servants/administrators as well as the authorities/companies in violation of Article 140A of the Constitution and PLGA 2013.
"The petitioner and other elected representatives have been either removed as the heads/members of the companies/authorities or otherwise made redundant by not inviting them to the meetings of such authorities/companies.