ISLAMABAD, Sept 15: The opposition PPP has challenged in the Lahore High Court the newly passed Punjab Local Government Act 2013.

In its petition filed through Sardar Latif Khosa, the PPP contended that the act was “contrary to the constitution and fundamental rights of the people” and should be declared ultra vires of the constitution.

“The Punjab government may please be directed to promulgate the Punjab Local Government Act afresh in conformity with article 140 of the constitution,” the petition said.

Article 140 unanimously incorporated in the constitution through the 18th Amendment reads: “Each province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments. Elections to the local governments shall be held by the Election Commission of Pakistan.” But the Punjab government had retained all administrative and financial powers in the newly passed LG act instead of devolving such powers to the elected representatives, PPP leader Farhatullah Babar told Dawn on Sunday.

The opposition party was of the opinion that any law contrary to the constitution could not be passed by any assembly. “The last PPP government’s move to enact a contempt of court law was struck down by the Supreme Court on the ground that it was not in the jurisdiction of the National Assembly,” Mr Babar said.

The petition contended that the Punjab government had encroached upon fundamental rights of people by introducing a non-party based LG system in the province.

“Political powers will be devolved only when political forces take part in the elections held on a party basis,” Mr Babar said.

The government of Punjab through the chief minister, the provincial assembly through the speaker, LG secretary and the ECP through its secretary have been made respondents in the petition.

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