LAHORE: The Pakistan Muslim League-Nawaz (PML-N) has approached the Lahore High Court challenging the Punjab Local Government Act-2019 (PLGA) and expected dissolution of present set-up of the local government in the province elected under the 2013 legislation.

“Section 30 of PLGA 2013 explicitly promises a five-year term to all offices of local government and all the office holders have legitimate expectation to be allowed to complete their constitutional term,” states a petition moved by Chairman District Council of Narowal Ahmad Iqbal, also son of former interior minister Ahsan Iqbal.

The petition drafted by Advocate Usama Khawar says section 3 of the PLGA 2019 purports to dissolve all existing local governments, however, it does not constitute new governments nor it provide a definite timeline on which election for setting up new local governments will be held.

“Instead, it envisages an indefinite period of hiatus between dissolution of existing local governments and setting up new regime,” the petition adds.

It submits that the government intends to appoint bureaucrats as administrators to fill the vacuum created after dissolution of elected representatives.

The petition pleads that after Article 140-A of the Constitution the local bodies have been elevated to the status of government. It argues that like the federal government cannot be allowed to summarily dissolve the provincial governments and a provincial government cannot be allowed to summarily dissolve local government.

“Any law or executive order which purports to dissolve a sitting local government is violative of letter and spirit of Article 140-A of the Constitution,” states the petition.

It admits that the provincial government has the power to amend the local government system through legislation, however, the amendment powers can only be exercised for the objectives stated in Articles 32 and 140-A of the Constitution i.e. strengthening the local government system.

It argues that this objective cannot be possibly achieved by repeatedly de-seating sitting elected local governments. “A new local government system can only be introduced through legislation once sitting local governments have completed their legal-cum-constitutional term in office,” it pleads.

It asks the court to declare that the petitioner and all others elected to office under PLGA-2013 are entitled to complete their constitutional term and suspend operation of the PLGA-2019 till completion of the term of the sitting set up. Senior puisne judge, Justice Mamoon Rashid Sheikh will take up the petition on Friday (today).

LAW MINISTER: Punjab Law Minister Muhammad Basharat Raja has said that the government intends to implement newly-approved Local Government law as soon as possible as the summary of the Act 2019 will be sent to the governor within hours.

He was talking to the media outside Punjab Assembly here on Thursday. Raja Basharat said the LG Commission would be more powerful in the new system as we have increased the number of MPAs from one to two each from the treasury and opposition, accepting an amendment proposed by the opposition.

Published in Dawn, May 3rd, 2019