| Citation(s) |
|---|
| 2026 SLG 2051 2026 SLD 2051 = 2026 CLC 743 |
Balochistan High Court, Sibi Bench
Constitution Petition No.(s) 15 of 2025, decided on 28th October, 2025.
Presented By: Before Muhammad Ayub Khan Tareen and Shoukat Ali Rakhshani, JJ
Muhammad Akram Shah for Petitioner. Arbab Nasruminallah, Additional Advocate General for
Respondents.
Constitution Petition No.(s) 15 of 2025, decided on 28th October, 2025.
Presented By: Before Muhammad Ayub Khan Tareen and Shoukat Ali Rakhshani, JJ
Muhammad Akram Shah for Petitioner. Arbab Nasruminallah, Additional Advocate General for
Respondents.
MIR BIJAR CHAKAR DOMKI ---Petitioner
VERSUS
The CHIEF SECRETARY, GOVERNMENT OF BALOCHISTN, QUETTA and others ---Respondents
Law: Constitution of Pakistan, 1973
Section: 140A
Constitution of Pakistan--- ----Art. 140A---Local Government---Role---Petitioner was elected Chairman District Council and was aggrieved of authorities excluding him during making of arrangements of Mela in his district---Validity---Exclusion of elected local representatives from decision-making processes at district or municipal level had defeated the purpose of Art.140A of the Constitution---Provincial Government was bound under Art.140A of the Constitution to devolve political, administrative and financial powers to elected Local Government institutions and to ensure their meaningful participation in district administration---All executive officers at district level, including Deputy Commissioner were to ensure that matters concerning local development, planning and service delivery were to be undertaken in consultation with elected District Council and its committees---High Court refrained Provincial Government from taking any action that would curtail, suspend or render ineffective the Constitutionally protected functioning of elected Local Governments---Governance, under the Constitution has been envisioned through public participation and democratic representation at all levels---Local Government institutions are not a concession but a Constitutional command---Will of people, expressed through their elected local representatives must form the foundation of district management and development planning---Any attempt to bypass or marginalize such institutions undermines the democratic fabric and violates Art.140A of the Constitution--High Court further directed the authorities to ensure Constitutional mandate of Local Government in the form of District Council, as envisaged in the Constitution, in letter and spirit by giving lead of making arrangements for Mela in question---Constitutional petition was allowed accordingly. Metropolitan Corporation, Islamabad through Mayor v. Chairman C.D.A. (Capital Development Authority) Islamabad and another PLD 2021 Isl. 144 and Muhammad Razzaq and others v. Federation of Pakistan and others PLD 2024 Lah. 238 rel. Date of hearing: 14th October, 2025. ORDER MUHAMMAD AYUB KHAN TAREEN, J.---In this petition, the petitioner…