ISLAMABAD: The Supreme Court has summoned the advocate general Punjab (AGP) for his explanation over dissolution of local governments in the province before the expiry of their term.
A two-member bench of the apex court comprising Justice Qazi Faez Isa and Justice Maqbool Baqir issued a written order pertaining to delay in holding local government elections throughout the country. “The advocate general Punjab is directed to be in attendance on the next date of hearing and is directed to submit a written reply to our queries as to whether the majority of the members of provincial assembly can dissolve local governments when those who are elected are their opponents?” said the five-page written order.
The court questioned whether by not holding local government elections within the prescribed one year period mentioned in Sub-section (2) of Section 3 of the Punjab Local Government Act 2019 (later extended to 21 months) the dissolved local governments stand resurrected?
Replying to court queries, Attorney General Khalid Javed said local governments are mandated by the Constitution and that he has always disavowed arbitrary dissolution of any elected body and through his published articles has decried the erstwhile Article 58(2)(b) of the Constitution, which was used to dissolve the parliament.
The court directed the advocate general Punjab to appear before it on March 1. The additional advocate general Punjab informed that the LG system was brought to an end by virtue of Section 3(1) of the Punjab Local Government Act 2019, which stated that all local governments constituted under the Punjab Local Government Act 2013 (Act XVIII of 2013) are hereby dissolved. “Since no reason for the dissolution of the subsisting local governments was mentioned in the cited provision, we enquire from the AAG Punjab to inform us about the reason which uprooted grassroots-level democracy in Punjab,” the court asked. The AAG responded by stating that the dissolution has been challenged before this court in CPLA No 48/2019 and 7/2020.
Whether the Constitution, which mandates local governments, also envisages premature termination of local governments? And whether local governments can be dissolved for no rhyme or reason? The court asked. “But the AAG Punjab did not answer, and we are left to wonder whether his conscience prevented him from answering,” the written order noted.
