The Lahore High Court directed the Secretary, Local Government and concerned DCOs to strictly implement the approved budget of Pakpattan and Bahawalpur districts council for the year 2008-09, said that as local councils are first tier of democratic process, general public is vitally interested in their existence and performance.
The court remarked that the constitution of Pakistan itself under article 140-A allows that each province shall, by law, establish a local government system and devolve political administrative and financial responsibility and authority to elected representatives of the local governments.
Allowing the petitions, the court declared the impugned notification as unlawful, without lawful authority and of no legal effect, declaring that the respective district councils violated rules prescribed in Punjab Local Government Ordinance.
The District Nazim Pakpattan, Rao Naeem Hashim Khan and Bahawalpur Nazim, Tariq Bashir Cheema have challenged a notification issued by the Secretary Local Government and Community Development Punjab declaring that the respective district councils violated rules prescribed in Punjab Local Government Ordinance.
Petitioners said that the respondent withheld the development funds pleaded that the budget was not approved within the prescribed period. The Advocate General (AG) Punjab opposing the pleas argued that the conditions provided in subsection 4 of section 112 of the PLGO, 2001 and section 119 were not fulfilled by the district councils before approving the budget.
The petitioners' counsel emphasised that the secretary local government in no circumstance could issue the impugned notification as the budget as the zila council passed the budget within the extended period. The court also observed that if the petitioners had disregarded the rules then the government could have asked the petitioners to rectify budget which. according to the record was not done.