ISLAMABAD, July 16: The Supreme Court on Friday dismissed 48 identical appeals against a Lahore High Court ruling that upheld the removal of several Nazims and Naib Nazims of different union and Tehsil councils in the Punjab province.
The appeals by five Nazims, 40 Naib Nazims and three supportive councillors of union and Tehsil councils had challenged sections 85 and 92 of the Punjab Local Government Ordinance 2001 for being ultra vires of the ordinance itself as well as the 1973 Constitution.
The petitioners were of the view that these provisions were discriminatory and violative of Article 25 (equality of citizens) of the Constitution. The five Nazims and 40 Naib Nazims, elected under the Punjab Local Government Elections Ordinance 2001, were ousted from their offices through no-confidence motions by their respective councils.
Their dismissals were challenged in the Lahore High Court which upheld their removal on March 24. The petitioners appealed to the Supreme Court on the ground that no-confidence motions violated the provisions of the Punjab Local Government Ordinance as the Nazims and Naib Nazims were elected by the same electorate under the joint system of candidacy.
Advocate General, Punjab, Shabbir Raza Rizvi while defending the high court decision before a two-member Supreme Court bench, comprising Chief Justice Nazim Hussain Siddiqui and Justice Faqir Mohammad Khokhar, said the court had no jurisdiction to settle the matter as no provision of the Legal Framework Order (LFO) under article 270 AA of the Constitution could be challenged before any forum except the parliament.
He also argued that under the relevant laws, the union administration and union council were two different entities. Though a Nazim was responsible for the administrative affairs of a union or Tehsil council, a Naib Nazim could only preside over meetings in the absence of the Nazim.
He said article 25 of the Constitution did not apply in the present case as it ensured equality between equals while the functions and roles of Nazims and Naib Nazims were totally different.