ISLAMABAD: Restoring the Local Government (LG) system in Punjab, the larger province of the country has become a herculean task for the provincial administration after the country’s highest court had declared Section 3 of the Punjab Local Bodies Act 2019 as ultra vires to the Constitution.
Heading a three-member bench of the Supreme Court (SC) Chief Justice of Pakistan Justice Gulzar Ahmed the other day restored the Local Government system in Punjab and declared Section 3 of the Punjab Local Bodies Act 2019 as ultra vires to the Constitution.
Asad Ali Khan and others, who were elected as mayors under the Punjab Local Government Act 2013 for a period of five years, had challenged the Punjab Local Bodies Act 2019. Their term of office was to expire on December 26, 2021 however, they stood removed under Section 3 of the Punjab Local Bodies Act 2019.
"For reasons to be recorded separately, Constitutional petition No 48 of 2019 is allowed and Section 3 of the Punjab Local Government Act 2019 is declared to be ultra vires and the Local Governments as were existing in the Province of Punjab prior to promulgation of the said section stand restored and it shall complete its term in accordance with law”, the court had announced in its short order.
After restoring the Local Government system in the larger province, the government of Punjab is now waiting for the detailed judgment of the apex court for filing a review petition. “We are determined to implement the order of the court in letter and spirit however, we are waiting for the detailed judgment in the instant matter”, said Ahmed Owais, Advocate General (AG) Punjab. He said that although there is a limited scope in the review for a stay however, we are waiting for the detailed judgment in the matter. “The court has issued only a short order and we are waiting for the detailed judgment than we may file a review petition in the matter”, Ahmed Owais said.
To a question that most of the elected representatives of the local bodies belong to PML-N and whether ruling PTI government will be committed to release funds to the local bodies’ representatives, the provincial law officer said that the provincial government is committed to implement the order of the court in letter and spirit.