LHC declares issuance of development funds without local govt's approval illegal
Pakistan
LHC declares issuance of development funds without local govt's approval illegal
LAHORE (Dunya News) – The Lahore High Court (LHC) has declared issuance of developments funds to Punjab and federal lawmakers in Punjab without the approval of the local government unconstitutional.
LHC Justice Shahid Jamil Khan issued the detailed verdict on a petition filed by a citizen, Malik Mazhar Hussain Goraya, challenging utilization of the local government’s development fund, in absence of elected representatives, to MNAS and MPAS in Punjab for carrying out development schemes.
The petition had challenged a tender notice issued by District Council Dera Ghazi Khan, arguing that it was against the rules/policy and in absence of administrative approval of Secretary Local Government. He also alleged that the deputy commissioner and chief officer without TS-I to oblige MNA and MPAs of the area.
In the reply, the secretary, Local Government & Community Development Department South Punjab, appeared claimed that the development schemes were prepared in accordance with Rule 5(2) of Punjab Local Government (Works) Rules, 2017 and approved under Rule 5(7) by the development committee.
However, the court observed that the allegation regarding MNA and MPAs’ development schemes was not denied specifically, rather it was admitted, during arguments, that the schemes were recommended by respective MNA and MPAs on their letter pads.
In its ruling, the court citied a verdict of the Supreme Court in Imrana Tiwana case, which stats that a new project, falling within the domain of elected Local Government, without its consultation and consent, is without lawful authority.
“It is, therefore, held that new development projects, not approved by the Defunct Local Government, by the Administrator, on recommendation of MNAs and MPAs or otherwise are declared without lawful authority,” LHC ruling reads.
“Appointment of Administrators and assigning of functions and power under Notification dated 21.10.2022, by the Chief Minister W.P.No.18004/2022 20 Punjab, without approval of the Cabinet is without lawful authority. However, the functions, not powers to be exercised by elected Local Government, can be ratified and continued by the Administrators appointed in accordance with law,” it added.
The verdict said all new development projects, not approved by the defunct Local Government, are declared without lawful authority, which can only be continued if ratified and approved, in accordance with law by the Local Government, to be constituted after forthcoming elections.
It also declared any executive order, allocating grants to MNAs and MPAs for development work within the domain of a Local Government, illegal.
The high court also directed the Election Commission of Pakistan to “hold elections forthwith, on completion of delimitation as scheduled, in accordance with relevant provision under PLG Act 2022, in force, read with the Constitution and in light of the judgments by Apex Court”.
