A petition challenging the restoration of the commissionerate system in Sindh was filed in the Sindh High Court by Maulvi Iqbal Haider on Friday.
The petitioner has filed a petition in the Supreme Court on the same matter, challenging the issuance of the ordinance by acting Sindh governor Nisar Ahmed Khuhro.
According to the petition, in the light of Article 140 of the 1973 Constitution, provincial assemblies do not have the legal right to abolish the local bodies system.
Also, the Sindh Local Government Ordinance (SLGO) of 1979, the Police Act of 1861 and the Land Revenue Act of 1967 has been restored in gross violation of Articles 5, 9, 14, 15, 16, 19, 25, 32, 140-A, 175(3), 261, 264 and 270AA of the Constitution.
Denouncing the revival of the commissionerate system as unconstitutional, the petition read that Khuhro has restored the ordinance unconstitutionally.
An acting governor’s role is limited to running day-to-day affairs during the transition period and he is not empowered under the Constitution to make such alterations.
Furthermore, as the local government ordinance was enforced after the approval from the parliament, the provincial assemblies do not have the constitutional power to abolish the said system.
The legislative body has the authority to make some changes in the abolished ordinance, but can not restore it in its previous shape.
“Unconstitutional and controversial acts may cause political and constitutional crises in the province. Therefore, the legislative body should be restrained from taking such a step,” stated the complainant.
He pleaded the court to direct the State to appoint a permanent governor to prevent malfunction of the constitutional machinery in Sindh.
The petition argued that since the SLGO of 2001 and the Police Order of 2002 were protected under the 17th and 18th Constitutional Amendment Acts, all the three ordinances promulgated by the acting governor should be suspended until the disposal of the petition.
The plaintiff further stated that the SLGO of 2001 had become more effective after Article 140-A was incorporated into the Constitution.
He added that the law also provided for election of the local bodies under the supervision of the Election Commission.
