Law:

Section:

(a) Punjab Local Government Ordinance (VI of 1979)-------Ss.12-B & 12(2) [as introduced by Punjab Local Government Ordinance (I of 1998)]---Constitution of Pakistan (1973), Art.25---Nomination of members of Panchayat by the Government, Sarpanch whereof would be ex officio member of Union Council concerned in terms of S.12-B, Punjab Local Government Ordinance, 1979---Provision of S.12(2) of Punjab Local Government Ordinance, 1979 provided that member of Zila Council would be ex officio Chairman of Union Council concerned---High Court (Single Bench) had declared provisions of Ss.12-B & 12(2), Punjab Local Government Ordinance, 1979, to be ultra vires of the Constitution---Validity---No guidelines or parameters had been provided for Government in making nomination of Serpanch of Punchayat--­Government would, therefore, be free to pick and choose any person of its choice without any qualifications---Discretion of Government having not been structured, would be absolute and arbitrary---Impugned Ordinance I of 1998, whereby amendments in question were effected was ex facie discriminatory and was capable of being administered in-discriminatory and arbitrary manner in violation of Art.25 of the Constitution which guarantees equality before law and equal protection of law. Pir Sabir Shah v. Shad Muhammad Khan, Member, Provincial Assembly, N.-W.F.P. and another PLD 1995 SC 66; Government of Punjab through Secretary, Home Department v. Zia Ullah Khan and 2 others 1992 SCMR 602; Waris Meah v. The State and another PLD 1957 SC (Pak.) 157 and Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416 ref. (b) Punjab Local Government Ordinance (VI of 1979)--- ----Ss.12-B & 12(2)---Constitution of Pakistan (1973), Arts.30 & 32--­Interpretation of the Constitution---Principles of Policy as contained in Constitution---Legal status and their enforceability---Validity of action on the touchstone of Principles of Policy---Article 32 of the Constitution has provided that State would encourage Local Government institutions composed by elected representatives of areas concerned and in such institutions special representation would be given to peasants,…

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