Mayor moves SC...
2019-01-26
LAHOR E: Lord Mayor of Metropolitan Corporation of Lahore (MCL) retired Col Mubashir Javed has filed a constitutional petition in the Supreme Court for the enforcement of his and all other mayors, deputy mayors and local government representatives` rights in Punjab under Article 140-A of the Constitution.
`The provincial governmentmaypleasebedirected to empower local governments in the province, so as to fulfill its mandatory obligations under the Constitution and Punjab Local Government Act2013,` pleads the lord mayor in his petition filed through advocate Mobeen Qazi.
The mayor submits that the provincial government has been obstructing elected representatives of the local governments from exercising their legal and constitutional powers and functions. He states the constituents of local governments are being deprived of their constitutional right to be governed by their own elected representatives.
He submits that after the change of regime in the province there has been an organised campaign against elected local governments, as most of the local governments in Punjab are headed by those elected on PML-N ticket with an overwhelming majority.
Moreover, the new provincial government has publicly proclaimed to dissolve existing local governments before completion of their term and started conducting meetings for preparation of new draft law without involving the present elected representatives, he adds.
He also pleads that instead of empowering local governments in the province so as to comply with its mandatory obligations under Article 140-A of the Constitution, the government has started usurping and encroaching upon the functions and authority of the local governments especially that of the MCL by stripping them of their powers vested under the Act instead of further devolution of power envisagedunderthe Constitution.
The mayor complains that the provincial government has almost paralyzed the democratic working of theMCL as well as other local governments through issuance of verbal orders and hijacked the local governmentofficers/staff bykeeping them engaged at the office of the civil administration.
Mr Javed also seeks administrative control of the authorities and the public sector companies established by the provincial government for exercising exclusive powers and functions of the local governments.
He urges the court to ensure that political, administrative and financial responsibility and authority devolved on local governmentsunderthe Constitution and Punjab Local Government Act of 2013. He asks the court to allow the existing local governments to complete their five-year term from the date of their inception.
Former chief justice of Pakistan Mian Saqib Nisar had advised the Lahore`s mayor to file a formal petition after the latter complained about being a toothless mayor of the provincial capital.