Appointment of administrators declared illegal: LHC directs ECP to hold election forthwith

LAHORE: The Lahore High Court declared the appointment of administrators and assigning of functions and power by the Chief Minister Punjab without cabinet’s approval as without lawful authority and directed the Election Commission to hold elections forthwith on completion of delimitation as scheduled.

The court said the purpose for appointment of an administrator is to ensure continuity of public service only by performing functions to carry out the decision already made by the defunct local government in accordance with the law.

The court declared that new development projects, not approved by the defunct local government, by the administrator, on recommendation of MNAs and MPAs or otherwise as without lawful authority.

The court also declared all new development projects, not approved by the defunct local government, as without lawful authority illegal. The court held that the same can only be continued if ratified and approved, in accordance with law by the local government, to be constituted after forthcoming elections.

The court observed, if the next elected local government is delayed, provisions of sections 205 and 71 PLG Act 2022 would come into play, which needed to be construed narrowly for performance of function only and not exercise of power vested in elected local government.

The court also said that in an interim set-up, till newly-elected local government is constituted, continuity of public service shall not include exercise of powers conferred upon elected representatives, particularly for identification, fixing of priority and expenditure of development funds, the court added.

The court also observed that any executive order, allocating grants to MNAs and MPAs for development work within the domain of a local government, is illegal.

The court said the provisions of the PLG Act, 2022, in force, do not allow any interference by the members of federal or provincial legislatures.

The court observed that the practice of allocating development funds to ruling and other MNAs and MPAs is not only against the constitutional scheme, but also detrimental to the norms and spirit of democracy itself.

Allocation and utilization of development funds, by pick and choose is in direct conflict of Article 25 of the Constitution, therefore, discriminate grant of development funds in an area or constituency, where ruling party won elections is declared unconstitutional and against the provisions of PLG Act 2022, in force, the court added.

Copyright Business Recorder, 2023