Case Details

Citation(s)
2009 SLG 359 2009 SLD 359 2009 PLD 204
Lahore High Court
Writ Petition No. 11561 of 2008, decided on 28th November, 2008
SYED SHABBAR RAZA RIZVI, J
Syed Ali Zafar and Mian Abdul Manan for Petitioner. Kh. Haris Ahmad, Advocate-General, Punjab. Manzoor Hussain Dogar, Director Legal, Local Government

Ch. TARIQ BASHIR CHEEMA

VS

GOVERNMENT OF PUNJAB through Secretary, Local Government and Community Development Department, Lahore and 3 others

Law: Punjab District Government and Tehsil Municipal Administration (Budget) Rules, 2003

Section: 57(1),31

Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 112(6),(8),(7),(5),(4),(3),(2),(1)

Punjab District Government and Tehsil Municipal Administration (Budget) Rules, 2003--- ----Rr. 31 & 57---Punjab Local Government Ordinance (XIII of 2001), Ss. 112 & 127---Annual budget not approved by Council before commencement of financial year---Interference in such 'matter by Provincial Government---Scope---In such case, Council could spend money for 30 days in manners prescribed in S.112(6) of Punjab Local Government Ordinance, 2001---In case of Council's failure to pass budget in such 30 days/extended period, only Provincial Government could approve and authenticate budget for full year---In case of approval of budget by Council in disregard of S.112(4) of Punjab Local Government Ordinance, 2001, or Punjab District Government and Tehsil Municipal Administration (Budget) Rules, 2003, Provincial Government could review the same and require Council to rectify budget, but could not approve budget instead of Council---Principles. Abdul Qayyum Khan v. Government of the Punjab, 2007 YLR 1407; Zila Nazim, Kasur v. Government of the Punjab 2008 CLC 81 and Zulfiqar Ali Babu v. Government of the Punjab PLD 1997 SC 11 rel. ORDER SYED SHABBAR RAZA RIZVI, J.---According to the learned counsel for the. petitioner, District Council, Bahawalpur held its special meeting on 30-6-2008 to approve the Annual Budget of year 2008-09. The said meeting took place on 30-6-2008 and the Annual Budget was approved by the Council Minutes and copies of approved budget were sent to the D.C.O. EDO(F&P)' and Secretary, Local Government and Community Development, signed by Sardar Umair Abdullah Khan Dahar, Niab Zila Nazim/Convener, Zila Council, Bahawalpur. The Secretary is arrayed in the caption of the instant writ petition as respondent No.1, DCO as respondent No.2, EDO(F&P) as respondent No.3 and District Officer (F&P) as respondent No.4 and they shall be referred to (hereinafter) as respondents. 2. Following submission of the Annual Budget statement by the petitioner to the above respondents, respondent No.2 also wrote a letter dated 4-7-2008 to respondent No.1 and gave the details of the Annual Budget statement which is reproduced as under: "Zila Nazim, Bahawalpur,…
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