Law: Constitution of Pakistan, 1973

Section: 185

Law: Punjab Local Government Ordinance, 1979

Section: 26-A,159

(a) Punjab Local Government Ordinance (VI of 1979)--S.26-A---Constitution of Pakistan (1973), Art 185---Notification issued on 15th August, 1993 with direction that fresh election of Local Bodies would be conducted in January, 1994---Validity of such notification was called in question before High Court---Single Bench of High Court directed that process of election must be completed by 31st March, 1994, otherwise Local Councils would stand revived with effect from-1-4-1994 ---Later on earlier notification was superseded and another notification was issued whereby election to Local Councils were ordered to be conducted on 27-7-1994 and tenure of Local Bodies was curtailed---Division Bench of High Court which was seized of the matter against of Single Bench of High Court declared proceedings before it to have become infructuous and dismissed the same ---Supreme Court, however, directed High Court to decide such matter on merits after obtaining amended memo of appeal---Division Bench of High Court maintained of Single Bench with modification that in case process of fresh election was not commenced and taken to logical conclusion all Local Bodies would stand automatically revived--­Validity---Conditional of Division Bench of High Court was not sustainable---Judgment of Single Bench was to the effect that if by particular date elections were not conducted, Local Bodies would stand revived---Such view was maintained by Division Bench---Government having not assailed validity of impugned seemed to have been satisfied with the of Division Bench---Notification dated 15th August, 1993 directed that elections were to be conducted in January 1994, which were not conducted for no plausible reasons---No schedule in that behalf was given by Competent Authority---Target period ended without holding elections---Local Bodies, thus, stood automatically revived without attaching any condition after specified period.East Pakistan v. Sirajul Haq Patwari PLD 1966 SC 854 and Haji Ghulam Zamin and another v. A.B. Khondkar and others PLD 1965 Dacca 156 ref.(b) Punjab Local Government Ordinance (VI of 1979)----S.26-A---Power under S.26-A, Punjab Local Government Ordinance 1979 could only…