Khudayar Mohla –
LAHORE, May 09: While accepting identical pleas for regular hearing against recently passed Punjab Local Government Act, 2019, Lahore High Court (LHC) on Thursday sought reply form provincial government in the matter.
Single-member bench of the LHC Justice Mamoon Rashid Sheikh also referred the matter to larger bench for adjudication since the case involves complex constitutional questions of far reaching significance. after hearing preliminary arguments of the petitioners
PML-N politicians Ahmad Iqbal Chaudhry, Chairman District Council Narowal and others including Azhar Leghari from DG Khan, mayors of Lahore and Faisalabad have challenged the Punjab Local Government Act, 2019 terming dissolution of local governments in mid-tenure as a blatant violation of Article 140A of the Constitution.
Appearing on behalf of the petitioners before the bench on Thursday, advocates Ahsan Bhoon, Umer Gillani and Usama Khawar Ghumman argued that the dissolution of local governments in mid-tenure is sheer violation of the constitutional provisions which protects creation of autonomous local governments.
The counsels contended that appointment of bureaucrats as solo administrators of districts amounts to a complete roll back of the devolution process, which is against the purview of Articles 32 and 140A of Constitution.
Counsel for Ahmad Iqbal argued that since 1972, the basic legal framework for Punjab’s local government has been re-invented by the Provincial Assembly 10 times saying local governments have never been allowed to complete their tenure or to function independently in the past.
Gillani contended that consequently, this third tier of the federation has not been able to develop institutionally whereas Article 140A was inserted in the Constitution in 2001 to solve this very problem.
At various points during the proceedings which lasted more than two hours, Justice Sheikh expressed annoyance over provincial government’s decision to depose elected leader while a new date of elections is yet to be announced.
Later, the haring of the matter was adjourned till next week.
