ISLAMABAD: The Punjab government, on Thursday, challenged the Supreme Court order to restore Local Government (LG) system in the province.
The provincial government has filed an application for review of the SC short order, while the review petition would be filed after the detailed judgment on restoration of Punjab LGs.
A three-judge bench, headed by Chief Justice Gulzar Ahmed, on March 25, 2021 had restored Local Governments in the Punjab.
The short order said: “Section 3 of the Punjab Local Government Act, 2019 where the Local Bodies were dissolved is ultra vires of the Constitution and ultimately the LGs in Punjab are restored.”
The members of the Local Government of Sahiwal Municipal Corporation, Lodhran Municipal Committee, and Faisalabad Municipal Corporation had challenged the PLGA 2019 under Article 184(3) of Constitution and had prayed to the apex court to declare the Act 2019 contrary to Article 140-A and 8, 17, 32, and Fundamental Rights enshrined in the Constitution.
The PTI government on 04-05-2019 promulgated the Punjab Local Government Act, 2019, and repealed the PLGA 2013 and removed the petitioners from their offices.
The Local Governments under Section 3 of the Act were kept in abeyance for one year.
Meanwhile, Mayor Lahore, on Thursday, filed contempt petition against the Punjab government for not implementing the Supreme Court order to restore local government system.
Sardar Muhammad Naseem, Mayor Municipal Corporation, Rawalpindi, on April 17 had filed a contempt petition under Article 204 of Constitution and made Chief Secretary and Secretary Local Governments and Community Development, Punjab, as respondents.
The petitioner stated that the apex court on 25-03-2019 had declared Section 3 of the Punjab Local Government Act, 2019 ultra vires and directed that the Local Governments be restored and shall complete its term in accordance with the law.
He stated that the Act was challenged by the local government office bearers under Article 184(3) of Constitution.
The apex court on 25-03-2019 declared Section 3 of the Act ultra vires and directed that the local governments be restored and shall complete its term in accordance with the law.
Sardar Naseem stated that though the apex court order was communicated to the concerned authorities of the Punjab government, despite that the respondents were not complying with the order and did not allow the elected representatives to assume their offices.
He complained that at some places, the elected LG officer attempted to enter their offices and assume their charge in some districts in order to start functioning, however, they were stopped by deputy commissioners, who are occupying their offices.
Copyright Business Recorder, 2021
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