| Citation(s) |
|---|
| 1994 SLG 1353 1994 SLD 1353 1994 CLC 1244 |
Lahore High Court
Writ Petition No. 9009 of 1993, decided on 30th January, 1994
MUHAMMAD AMIR MALIK, J
S.M. Zafar, Karamat Nazir Bhandari, Zahid Hussain Syed and Maqbool Ellahi Malik for Petitioners. Ch. Fazal Hussain, Sharif-ud-Din Pirzada, Abdul Sattar Najam, A.G. with Zahid Farani, Aslam Malik and Tassadaq Hussain Jillani, Addl. A.G. for
Respondent.
Writ Petition No. 9009 of 1993, decided on 30th January, 1994
MUHAMMAD AMIR MALIK, J
S.M. Zafar, Karamat Nazir Bhandari, Zahid Hussain Syed and Maqbool Ellahi Malik for Petitioners. Ch. Fazal Hussain, Sharif-ud-Din Pirzada, Abdul Sattar Najam, A.G. with Zahid Farani, Aslam Malik and Tassadaq Hussain Jillani, Addl. A.G. for
Respondent.
Mian ABDUL MAJEED and others
VS
PROVINCE OF PUNJAB
Law:
Section:
(a) Punjab Local Government Ordinance (VI of 1979)--- ----S. 26-A---Section 26-A, Punjab Local Government Ordinance, 1979 does not suffer from vices of excessive delegation or abdication of legislative functions by Provincial Assembly. (b) Punjab Local Government Ordinance (VI of 1979)--- ----Ss. 26 & 159---Provincial Government could not curtail term .of Local Bodies under S. 26 at any time during the term. (c) Punjab Local Government Ordinance (VI of 1979)--- ----Preamble---Provisions of Ordinance are to be so interpreted that it becomes a harmonious whole and no provision is rendered nugatory, nonexistent or redundant. (d) Punjab Local Government Ordinance (VI of 1979)--- ----S. 26-A---Fresh election was a must within three months if charges against a Local Council were proved and it was dissolved as a consequence thereof--Fresh election was equally a must when term of 5 years was curtailed--Government could curtail term of office of Local Council, if fresh election had been announced or held. (e) Punjab Local Government Ordinance (VI of 1979)--- ----Ss. 26-A & 159---Holding of general election to National and Provincial Assemblies, had no nexus with existence/non-existence of Local Council. JUDGMENT For detailed reasons to be recorded in the judgment that would follow, the Court has reached the following final conclusion: (1) The names of Governor and the Minister for Local Government and Rural Development Department are struck off as respondents in the respective writ petitions, in view of Article 248 of the Constitution. (2) The impugned notification is not hit by the provisions of Articles 2, 2-A and 17 of the Constitution. (3) Section 26-A of Punjab Local Government Ordinance, 1979 does, not suffer from the vices of excessive delegation or abdication of legislative functions by the Provincial Assembly. (4) The stand and .thinking of Punjab Government is self-contradictory, inconsistent and not in accordance with the provisions of Punjab Local Ordinance including, section 26-A ibid. (5) The line of reasoning that Provincial Government can curtail the term of Local Bodies, which is now 5 years under section 26 of the Ordinance, at any time…
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