KARACHI: Muttahida Qaumi Movement Pakistan (MQM-P) convener Dr Khalid Maqbool Siddiqui on Tuesday wrote a letter to the chief election commissioner (CEC) and termed the organisation of the local government (LG) polls on January 15 ‘unconstitutional’, ARY News reported.
The MQM-p convener wrote a letter to CEC in which he stated that the decision of the Election Commission of Pakistan (ECP) to hold LG polls on January 15 is unconstitutional.
Siddiqui said that the order of the Supreme Court issued on February 1, 2022, was not being implemented.
Last year, the Supreme Court announced its verdict on a petition filed by the Muttahida Qaumi Movement-Pakistan (MQM-P) seeking empowerment and autonomy for local government institutions in Sindh as it directed the Sindh government to devolve financial, administrative and political powers to local government as enshrined under the Constitution.
The top court had reserved its decision on the MQM’s plea on Oct 26, 2020.
The then MQM, now MQM-P, had challenged the Sindh Local Government Act (SLGA) 2013 in the Supreme Court in October 2013. The SLGA-2013 was passed into law by the Sindh Assembly on August 19 amid fierce opposition by the MQM.
In the verdict today, Chief Justice Gulzar Ahmed noted that local governments are formed under Article 140-A of the Constitution, which binds provincial governments to establish “empowered” local governments in their jurisdiction.
The top judge remarked that a provincial government cannot launch a project that comes under the jurisdiction of the local government.
The court also declared void sections 74 and 75 of the SLGA, which are related to the transfer of functions from councils to government and commercial schemes.
Justice Ahmed said it was the prerogative of local governments to create and implement the city’s master plan.
