SC restores local govt system in Punjab

ISLAMABAD: The Supreme Court on Thursday restored the local government system in Punjab, which was abolished after the passage of the Punjab Local Government Act 2019 by the provincial assembly in May 2019.

The top court annulled the Punjab Local Government Act 2019 by terming it in contradiction with the Constitution, declaring its Section 3 unconstitutional.

A three-member bench comprising Chief Justice of Pakistan (CJP) Gulzar Ahmed, Justice Ijaz Ul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi heard the case seeking the declaration of the Act as repugnant to Article 140-A of the Constitution.

During the proceedings, the Additional Advocate General of Punjab told the court that the Punjab government was ready to hold local government elections in the province to ensure the devolution of powers to the grassroots level. He said the matter was pending before the Council of Common Interests (CCI), whose meeting was scheduled on March 24, but delayed as Prime Minister Imran Khan tested positive for Covid-19.

The CJP asked as to why the local bodies’ system was ended (prematurely) in Punjab as the local government representatives were elected for five years.

The counsel for the petitioner said the local bodies system was ended before the due time, which would be in December 2021. He said laws could be made under Article 140, but the same could not abolish government institutions.

Justice Ahsan said all forms of government could only be abolished for a limited period of time. The people had been deprived of their representatives, he added. The CJPasked under which law the local bodies were abolished. The Punjab government, in its reply, stated that the purpose of dissolution of the previous local governments was to ensure a level-playing field for all prospective candidates in the upcoming elections under the 2019 (local government] Act.

The government wanted to eliminate political influence of any kind; there was no other way that political parity could be achieved in such context, it said. The reply stated the right of the local governments to enjoy a complete term of five years was subject to any other provision of the act.

The relevant provision in the PLGA 2013, controlling the provision of Section 30(1) was contained in Section 146 of the PLGA-2013, it added. The reply further stated that the government could, subject to such conditions as could be specified, delegate any of its functions under the act to an officer subordinate to it except the power to make rules, to suspend or remove a mayor or chairman or to dissolve the local governments.

The court after hearing arguments ordered the restoration of the local government system by terming Section 3 of the Local Bodies Act in contradiction with the Constitution.