LAHORE: The Lahore High Court on Thursday observed that the “dissolution clause” in the Punjab Local Government Ordinance 2021 was apparently in violation of the March 25 judgement of the Supreme Court which restored the suspended local governments in the province.

Justice Shahid Jamil Khan was hearing petitions by several LG representatives who challenged different provisions of the new ordinance including the section 3, which envisages dissolution of the existing local governments on Jan 1, 2022.

Punjab Secretary for Local Government Noorul Amin Mengal and government officials appeared before the court. Lord Mayor retired Col Mubashir Javed was also present.

The judge grilled the secretary about delay in writing a letter to the Election Commission of Pakistan (ECP) to announce the LG polls in the province. He observed that the LG system would expire on Dec 31 and the government had not so far written to the ECP for the schedule of new polls.

Judge questions delay in writing letter to ECP, seeks two-member bench to hear case

“This shows that the provincial government wants to run the system through its administrators,” the judge said, reminding the secretary that the administrator was just an administrative post and not a substitute for the LG system.

The secretary said rules for the delimitation process in the province had been sent to the ECP.

Justice Khan also raised a question on the existence of section 3 of the ordinance being contrary to the SC judgement. The judge directed a counsel for the ECP to submit a detailed and clear reply on the matter.

The judge referred the petitions to the chief justice with a request to fix the same before a two-judge bench since important questions of law had been raised by the petitioners.

The petitioners submitted that the impugned ordinance envisaged dissolution of existing local bodies till Jan 1, 2022 and the use of the Electronic Voting Machines (EVMs) in the next polls in the province. They argued that the use of the EVMs without an approval from the ECP and deliberations by the political parties was an undemocratic decision of the government. They also challenged the appointment of administrators after the dissolution of the existing local government system.

The petitioners said the provincial government with a mala fide intention was trying to bring a controlled system of local government according to its own whims. They said the impugned ordinance was in violation of various provisions of the Constitution and liable to be set aside.

Published in Dawn, December 24th, 2021