ISLAMABAD: The Supreme Court (SC) on Thursday restored the local government system in Punjab which the provincial government had dissolved in May 2019 before its maturity.
The top court also declared section 3 of the Punjab Local Government Act, 2019 — promulgated in May 2019 — unconstitutional.
A three-member bench presided over by Chief Justice of Pakistan (CJP) Gulzar Ahmad took up the case.
The top judge said people have elected local bodies representatives for five years. “We cannot allow to send them to home on the basis of one notification.”
“How can the government clarify that people should be kept from their elected representatives?” he questioned.
“Under Article-140, a new law can be enacted but the institution cannot be abolished. Someone has given wrong advice to the government,” the CJP said.
“The government has a status, whether it is federal or provincial or local government. Powers can be changed and the basic structure can be improved. Is there any precedence that law be abolished and it should be said that a new law should be brought tomorrow?”
The chief justice asked if the local bodies’ polls would be taking place in other provinces. He also questioned as to why the statement of the attorney general had not been recorded.
He once more questioned as to the reason due to which the local government was dissolved and under what law.
The attorney general (AG) earlier took the plea before the court wherein he stated that there were objections on the Population Census (2017) in other provinces.
The meeting of the Council of Common Interests (CII) was to take place on March 24 and now the meeting will be held on April 7 as Prime Minister Imran Khan had tested positive for the coronavirus, he argued. “This is not only the issue of federation but also issue of the provinces.”
Justice Ijazul Ahsan remarked the term of the local government of Punjab may have expired. Earlier, the local governments were dissolved for six months and then elections were announced. Then the matter had been extended for 21 months.
“Now they are linking it to the meeting of council for common interests. Federal, provincial and local governments can be dissolved for a limited period. But you have deprived the people of their elected representatives. Were the election not held in Gilgit-Baltistan?” the justice asked.
“Is it not a contradiction that, on one hand, the government wants to devolve the powers to the grassroots level and now it has abolished this power on its own.
Punjab additional advocate general (AAG) told the court the province is ready to hold local bodies’ polls. “The Punjab government wants powers devolved to the grassroots level. The matter is pending with the council of common interests.”
“A new political party came into power in federation and province after the 2018 general election. The new government dissolved the local government system in Punjab and gave time to hold local bodies’ polls within a year. The Punjab government made a new amendment after the passage of one year. Then ordinance was promulgated.”
The court while declaring section 3 of the Act contrary to the constitution restored the local government system in Punjab.
