Expressing dissatisfaction over Punjab government’s explanation, the Supreme Court has summoned advocate general of the province to answer the court’s queries on the dissolution of Local Governments (LG) before the expiry of their term.
A two-judge apex bench, comprising Justice Qazi Faez Isa and Justice Maqbool Baqar, issued a five-page written order on the non-holding of LG elections across Pakistan on Saturday.
Expressing displeasure at the Sindh government for not submitting a reply in the local government elections case, the Supreme Court directed the advocate general of the province to appear in person before the court on 1st of March.
The order stated that the court was informed by Punjab additional advocate general that 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 or continued under the Punjab Local Government Act, 2013 (Act XVIII of 2013) are hereby dissolved.
However, since the order did not cite any reason for the dissolution of the subsisting local governments, the court inquired from the learned AAG.
“Punjab thas to inform us about the reason which uprooted grassroots democracy in the province of Punjab, and he responded by stating that the dissolution has been challenged before this Court in CPLA Nos. 48/2019 and 7/2020″, says the order.
The order further noted that since Punjab AAGP did not answer the query, the bench then asked him to respond to a hypothetical query (and one which had nothing to do with the merits of the referred to pending cases)
“(1) Whether the Constitution, which mandates local governments, also envisages premature termination of local governments (2) Whether local governments can be dissolved for no rhyme or reason,” the order stated as inquired by the apex bench.
However, AAG Punjab elected not to answer, and the apex judges were left to wonder whether his conscience prevented him from answering.
“Therefore, 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 aforesaid queries as well as to the following queries: (3) whether the majority of the members of a provincial assembly can dissolve local governments when those who are elected are their opponents? (4) 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,” says the order stated.
The hearing of the case has been adjourned until March 1.
