LAHORE: The Lahore High Court (LHC) on Friday rejected an argument of the Punjab government questioning the court’s jurisdiction to hear a set of petitions seeking implementation of a Supreme Court judgement about restoration of local governments in the province.

At the outset of the hearing, an additional advocate general argued that the court lacked the jurisdiction to hear the matter.

Justice Ayesha A Malik dismissed the law officer’s argument and observed the LHC could be approached for the implementation of a decision of the Supreme Court.

The law officer further stated that the government faced legal problems in enforcing the SC judgement in question. He said the government had also filed a review petition before the SC.

The judge adjourned further hearing till July 19 and summoned the chief secretary and the secretary of local government, along with a summary sent to the chief minister on the matter.

Lahore city’s lord mayor retired Col Mubashir Javed and others had filed the petitions, pleading that the provincial government failed to restore the local governments despite the Supreme Court’s detailed judgement in the matter.

They said the government’s failure to implement the decision amounted to contempt of court.

The petitioners asked the court to initiate contempt proceedings against the provincial government.

On March 25, a three-judge SC bench, through a short order, had ordered restoration of local bodies in the province after declaring their dissolution as unconstitutional.

NOTICE: Narowal District Council Chairman Ahmed Iqbal has sent a contempt notice to the Punjab government through his lawyer, asking if the defunct local government uses any funds issued to them, or takes any action that falls under the jurisdiction of the elected one.

The local government and community development secretary, Narowal district chief financial officer, deputy commissioner and tehsil council chairman have been addressed in the notice.

They have also been instructed to not formulate a new budget and refrain from using any money given to the LG under interim PFC Award 2017.

The notice states that the SC has declared the local governments formed under the Local Government Act 2019 as defunct, and those elected in 2016 as the rightful ones, that will assume office.

It says the stopping of payments to the elected local governmnet has been backed by the finance secretary and public sector deposit department of the Bank of Punjab.

Published in Dawn, July 17th, 2021

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