| Citation(s) |
|---|
| 2021 SLG 2362 2021 SLD 2362 2021 PLD 770 |
Supreme Court of Pakistan
Constitution Petitions Nos. 48 of 2019, 7 of 2020 and C.M.A.No. 6762 of 2020 in Civil Appeal No. 20 of 2014, decided on25th March, 2021, Date of hearing: 25th March, 2021.
IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
M. Nawazish Ali Pirzada, Advocate Supreme Court and Syed Rifaqat H. Shah, Advocate-on-Record for Petitioners (in Constitution Petition No. 48 of 2019).Barrister Qasim Ali Chohan, Addl. A. G. Punjab. Ch. Abrar Ahmed, Director Law, Local Government, Punja
Constitution Petitions Nos. 48 of 2019, 7 of 2020 and C.M.A.No. 6762 of 2020 in Civil Appeal No. 20 of 2014, decided on25th March, 2021, Date of hearing: 25th March, 2021.
IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
M. Nawazish Ali Pirzada, Advocate Supreme Court and Syed Rifaqat H. Shah, Advocate-on-Record for Petitioners (in Constitution Petition No. 48 of 2019).Barrister Qasim Ali Chohan, Addl. A. G. Punjab. Ch. Abrar Ahmed, Director Law, Local Government, Punja
ASAD ALI KHAN AND OTHERSVSPROVINCE OF PUNJAB THROUGH SECRETARY GOVERNMENT OF PUNJAB AND OTHERS
Law: Punjab Local Government Act, 2019
Section: 3,233
Law: Constitution of Pakistan, 1973
Section: 7,17,32,140A,184(3)
Law: Punjab Local Government Act, 2013
Section: 30
(a) Punjab Local Government Act (XIII of 2019)--- ----S. 3---Constitution of Pakistan, Arts. 7, 17, 32, 140A 184(3)---Dissolution of all local governments in Punjab constituted or continued under the Punjab Local Government Act, 2013---Constitutional petition under Art. 184(3) challenging the constitutionality of S.3 of the Punjab Local Government Act, 2019 (Act of 2019)---Maintainability had raised the question of constitutionality of S.3 of the Act of 2019, being violative of Arts. 7, 17, 32 140A of the Constitution---Combined reading of said Articles showed that they weaved the very fabric of the local government system and Art. 17 provided the bedrock on which the local government system stood or rested---Infraction of Art. 17 fragmented and tore apart the whole local government system and the local governments established by it, thus, the very relevance of Art. 17 of the Constitution, which guaranteed to the citizen fundamental right, inter alia, to form and be a member of a political party, raised a question of public importance with reference to the enforcement of the fundamental rights, thus, the petitions before the Supreme Court under Art. 184(3) of the Constitution were maintainable. (b) Punjab Local Government Act (XIII of 2019)--- ----Ss. 3 233 [as amended by the Punjab Local Government (Amendment) Act (XI of 2020)]---Punjab Local Government Act (XVIII of 2013), S. 30---Constitution of Pakistan, Arts. 7, 17, 32 140A---Local governments in Punjab elected under the Punjab Local Government Act, 2013 (Act of 2013) dissolved before expiry of their five year term by S.3 of the Punjab Local Government Act, 2019 (Act of 2019)---Section 3 of the Act of 2019, vires of---Local government system established under Art. 140A of the Constitution through Provincial Legislation, when translated into an elected local government for a specified period of time by law, could not be dissolved before the period of its expiry, as such action would directly come in conflict with Art. 17 of the Constitution read with Arts. 140A, 7 32 of the Constitution---Local governments elected under the Act of 2013 were entitled to function for the duration of five (05) years as…
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