| Case ID |
47ce7a35-9004-4e3b-a5a1-0cb1a3bef1ed |
| Body |
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| Case Number |
Constitution Petitions Nos. 48 of 2019, 7 of 2020 |
| Decision Date |
Mar 25, 2021 |
| Hearing Date |
Mar 25, 2021 |
| Decision |
The Supreme Court declared Section 3 of the Punjab Local Government Act, 2019 to be ultra vires the Constitution. The Court held that local governments elected under the Punjab Local Government Act, 2013 were entitled to function for their full five-year term. The dissolution of local governments before the expiry of their term was found to violate the fundamental rights guaranteed under Articles 7, 17, 32, and 140A of the Constitution. The Court restored the local governments that had existed prior to the enactment of Section 3 of the Act of 2019, allowing them to complete their terms as provided by law. |
| Summary |
This case revolves around the constitutionality of Section 3 of the Punjab Local Government Act, 2019, which dissolved local governments before the end of their five-year term. The Supreme Court of Pakistan ruled that this action was unconstitutional, infringing upon the fundamental rights of elected representatives and the citizens who voted for them. The Court emphasized the importance of local governments in upholding democracy and ensuring political representation. It highlighted the relationship between Articles 7, 17, 32, and 140A of the Constitution, asserting that local governments must operate within the framework established by law, reinforcing democratic principles and citizen participation in governance. The decision restores the status of local governments, ensuring they can fulfill their mandates until the end of their legally defined terms. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
M. Nawazish Ali Pirzada,
Syed Rifaqat H. Shah,
Barrister Qasim Ali Chohan,
Ch. Abrar Ahmed,
Afnan Karim Kundi,
Sajeel Sheryar Swati,
Dr. Akhter Nazir,
M. Arshad,
Ms. Saima Tariq Janjua,
Zahid Sultan Khan Minhas
|
| Petitioners |
OTHERS,
ASAD ALI KHAN
|
| Respondents |
OTHERS,
PROVINCE OF PUNJAB THROUGH SECRETARY GOVERNMENT OF PUNJAB
|
| Citations |
2021 SLD 2362,
2021 PLD 770
|
| Other Citations |
Lahore Development Authority through its DG v. Imrana Tiwana and others 2015 SCMR 1739,
Mian Muhammad Nawaz Sharif v. President of Pakistan and others PLD 1993 SC 473,
Government of Sindh through Secretary Health Department and others v. Dr. Nadeem Rizvi and others 2020 SCMR 1
|
| Laws Involved |
Punjab Local Government Act, 2019,
Constitution of Pakistan, 1973,
Punjab Local Government Act, 2013
|
| Sections |
3,
233,
7,
17,
32,
140A,
184(3),
30
|