MQM-P challenges appointment of political administrators

Published November 3, 2021
MQM-P leader Senator Faisal Subzwari speaks at a gathering. — Photo via Facebook/File
MQM-P leader Senator Faisal Subzwari speaks at a gathering. — Photo via Facebook/File

KARACHI: The Mut­tahida Qaumi Movement-Pakistan on Tuesday filed a petition in the Sindh High Courts against the appointment of politician and “handpicked bureaucrats” as administrators of Karachi, Hyderabad and Sukkur.

The petition was filed through MQM-P leader Senator Faisal Subzwari stating that the role of political and handpicked bureaucrats as administrators be restricted for exercising the chief executive’s powers of elected council in the light of Section 230 of the Election Act 2017.

Besides the local government minister, administrators, Sindh Public Service Commission and other provincial authorities, the party also cited the Election Commission of Pakistan as respondents.

The petitioner also asked the SHC to undo all the actions and steps taken by such administrators and also declare such appointments as illegal, unconstitutional and without jurisdiction.

He stated that the respondents were required to determine the role and functions of administrators in the absence of elected local governments since as per the Election Act there was a provision of caretaker till the establishment of a new elected council.

The provincial authorities concerned have limited powers as caretaker government and could not be allowed to take major financial and administrative decisions including transferring control of hospitals, schools and dispensaries working under the LG administration, the petition said.

He submitted that the authorities concerned be directed to hold LG election in the province immediately after necessary amendments in the Sindh Local Government Act 2013.

The petitioner also challenged a notification to induct Sindh Councils Unified Grade Service (SCUG) employees in the council of urban Sindh including Karachi, Hyderabad and Sukkur and sought a directive for respondents to fulfil recruitment policy according to the Sindh Civil Servant Act, 1973 and maintain urban, rural and regional quotas, which was protected in the Constitution under the 18th Amendment.

He further maintained that all the SCUG employees were required to be reverted and repatriated to the status on the basis of their initial appointments in their regions, districts or parent departments particularly from urban districts.

The petitioner also sought a restraining order for the respondents not to revert or demote the existing employees and officers of the council until the new elected LG takes charge.

Later, talking to the media after filing the petition, Senator Subzwari and Khawaja Izharul Hassan said that free and fair LG elections were not possible under a political administrator.

Earlier, the Pakistan Tehreek-i-Insaf had also filed a petition in the SHC seeking LG elections in Sindh. The PTI, through its leader Khurram Sher Zaman and some other MPAs, moved the SHC seeking directives for provincial authorities and the ECP to hold LG elections in the province and appoint neutral administration/administrators for the interim period.

The petitioners submitted that the tenure of the elected LG representatives in the province had ended in August 2020 and the respondents had failed to hold the LG election after 120 days as provided under the law.

Published in Dawn, November 3rd, 2021

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