The Sindh High Court (SHC) put the federal law secretary, the acting Sindh governor, the Sindh Assembly speaker and others on notice on Monday, seeking an explanation on a constitutional petition against the restoration of the commissionerate system in the province.
A division bench comprising SHC Chief Justice Mushir Alam and Justice Muhammad Ali Mazhar conducted hearing on the petition filed by Moulvi Iqbal Haider challenging the revival of the commissionerate system.
The court heard the preliminary arguments of the petitioner and summoned the respondents with the directives to submit their comments in the next hearing to be held after the court’s vacation.
Moulvi Iqbal in the petition submitted that in the light of the constitution’s article 140, provincial assemblies do not have the constitutional right to abolish the local government system. Moreover, Sindh Local Government Ordinance, 1979, Police Act, 1861, and the Land Revenue Act, 1967, had been restored in a gross violation of Articles 5, 9, 14, 15, 16, 19, 25, 32, 140-A, 175(3) 261, 264 and 270AA of the constitution.
Terming the revival of the previous Sindh Local Government Ordinance 1979 – replaced by the Local Government Ordinance 2001 – as illegal, the petitioner stated that the acting governor had restored the ordinance unconstitutionally as he had no legal authority to take such decisions and his role was limited to running day-to-day affairs during the transition period.
The petition also demanded the suspension of all the three ordinances promulgated by acting Governor Nisar Ahmed Khuhro till the final disposal of the petition.
The federal law secretary, the acting Sindh governor, the Sindh chief secretary and the local government secretary were cited as respondents in the petition.
