2026 PLP 743 (CLC)

MUHAMMAD AYUB KHAN TAREEN, J.

In this petition, the petitioner seeks the following prayer: "i The constitutional mandate of local government in the form of District Council Sibi may kindly be implemented in letter and spirit by giving the lead of arrangements of Sibi Mela to District Council Sibi; ii. The District Administration i.e. Respondents Nos.4 and 5 are conducting the Sibi Mela in haste. It would be appropriate that mela be convened after the culmination of Sibi Ijtimah through the petitioner; iii. The Respondents Nos. 4, 5, 6, 7 and 8 be directed to restrain from issuing any sort of work orders as it is not their mandate: iv. Respondent No.9 be directed to stop all kinds of payments/bills till the decision of this constitutional petition; v. Any other relief passed by this Honourable Court in the best interest of justice."

2. Facts of the case are that as per section 78 of Balochistan Local Government Act, 2010, Sibi Mela is a cultural activity to be conducted by the concerned Local Council i.e. District Council Sibi and the petitioner has Executive Powers under section 63 of the ibid Act to implement the functions. The Local Government is a third tier of Government System as envisaged under Article 140-A of the Constitution of Islamic Republic of Pakistan, 1973, which is politically, administratively and financially independent of its affairs. It is the petitioner's case that the Secretary, Government of Balochistan, Finance Department (respondent No.2), vide letter No.FD.SO-II(B&R)/12-5/2024-25/2714-21, dated 9th January 2025, released an amount of Rs.17,00,00,000/- to the Commissioner Sibi Division (respondent No.4) for convening Annual Sibi Mela 2025. In this regard, the Commissioner Sibi Division, Deputy Commissioner Sibi (Chairperson Organizing Committee Sibi Mela), Executive Engineers (Urban Planning), (Roads) and (Buildings) Provincial B&R Sibi Division (respondents Nos.4 to 8) published different tenders on Balochistan Public Procurement Regulatory Authority (BPPRA), which speak about gross misuse of public funds under the cover of Sibi Mela 2025 for Sibi City. Detail is mentioned in the petition. It is further petitioner's case that majority of tenders were going to open on 5th and 7th February, 2025 and just after 5 to 6 days of opening tenders, Sibi Mela 2025 was tentatively scheduled for 10th to 13th February, 2025, which is clear that the said tenders were bogus and just money minting rackets of respondents Nos.4 and

5. Hence, this petition with the prayer mentioned above.

3. We have heard the learned counsel for the parties and perused the available record.

4. The petitioner, an elected representative of the District Council Sibi, is seeking enforcement of the Constitutional mandate regarding Local Government Institutions. The petitioner's grievance is that the elected local councils, established under the relevant Provincial Local Government Act, have been rendered ineffective as the executive authority at the district level, Sibi, including the Deputy Commissioner and other district officers, are performing all administrative and developmental functions without meaningful consultation or participation of the elected representatives of the people while conducting Sibi Mela.

5. No doubt the Constitution provides that, "The State shall encourage Local Government Institutions composed of elected representatives of the areas concerned, and in such Institutions, special representation will be given to peasants, workers, and women." Further, Article 140-A of the Constitution lays down a categorical constitutional obligation in the following terms: "(1) Each Province shall, by law, establish a local government system and devolve political, administrative, and financial responsibility and authority to the elected representatives of the local governments. (2) Elections to the local governments shall be held by the Election Commission of Pakistan." The combined reading of these provisions reveals that Local Government is not a mere administrative arrangement, but a constitutionally mandated tier of governance intended to ensure democratic participation and decentralization of power to the grassroots level. The Honourable Supreme Court of Pakistan has consistently emphasized the significance of local government as a constitutional imperative. In Metropolitan Corporation, Islamabad through Mayor v. Chairman C.D.A. (Capital Development Authority) Islamabad and another (PLD 2021 Islamabad 144), it has been held: "

37. The Federal Government is also under Constitutional obligation to establish a local government system to devolve political, administrative and financial responsibility and authority to the elected representatives of the local government under the law in terms of Article 140A of the Constitution of Pakistan, 1973, in case, the Federal Government is not complying with such mandate, it amounts to denial of fundamental rights to the residents of Islamabad Capital Territory, especially when the ICT Local Government, 2015 has already been implemented in Islamabad, but the municipal functions are still catered through CDA, which amounts to negation of the scheme settled in the constitution, therefore, any action by the CDA Authorities which exclusively falls within the jurisdiction of ICT Local Government Act, 2015 is considered to be illegal and amounts to transgression and abuse of powers." Similarly, in Muhammad Razzaq and others v. Federation of Pakistan and others (PLD 2024 Lahore 238), it has been held: "Article 140A envisages establishment of local government and thereafter devolution of political, administrative and financial responsibility and authority to the elected representatives of the local governments. In this court's opinion, devolution of political, administrative and financial responsibility and authority is one time act which cannot be withdrawn after insertion of the Article 140A. There is difference between delegation and devolution. The delegation is a power of the superior forum like provincial government, which can be withdrawn at any time. The devolution of responsibility and authority under the Constitution once given cannot be revoked. Though the dissolution of local government and role of the provincial government after devolution is not directly in question yet in this court's opinion, there has to be a continuity for elected representation of the people which is essence of the Constitution for exercising sovereignty. Section 37 of the Police Order, 2002, if read with the preamble and Article 140A of the Constitution, clarifies without any doubt that a public check, through their chosen representatives, is envisaged on the misuse of power by the police." The Court observed that exclusion of elected local representatives from decision-making processes at the district or municipal level defeats the purpose of Article 140-A and undermines the democratic structure of governance envisaged by the Constitution.

6. It is evident that the executive machinery at the district level, including the Deputy Commissioner and heads of various departments, is performing its functions without institutional coordination with the elected District Councils. Such parallel functioning not only erodes the authority of Local Government Institutions but also defeats the spirit of devolution envisaged by the Constitution. The Deputy Commissioner, being a representative of the Provincial Government, is obligated to act in coordination with the elected District Council, particularly in matters relating to local development, planning, public service delivery, and welfare schemes. The constitutional philosophy behind Article 140-A is to ensure participatory governance where administrative actions at the local level are informed by democratic representation.

7. It is also noteworthy that while executive authority may remain vested in the Provincial Government, the local government institutions are constitutionally recognized entities whose participation in district management is neither optional nor symbolic. The Provincial Government must therefore ensure that the elected councils are duly consulted and involved in the planning and execution of developmental and administrative functions.

8. In view of the constitutional provisions and authoritative pronouncements of the Supreme Court, this Court is of the considered opinion that: a. The Provincial Government is constitutionally bound under Article 140-A to devolve political, administrative, and financial powers to elected local government institutions and to ensure their meaningful participation in district administration. b. All executive officers at the district level, including the Deputy Commissioner, shall ensure that matters concerning local development, planning, and service delivery are undertaken in consultation with the elected District Council and its committees, c. The Provincial Government shall refrain from taking any action that would curtail, suspend, or render ineffective the constitutionally protected functioning of elected local governments. The Constitution of the Islamic Republic of Pakistan envisions governance through public participation and democratic representation at all levels. The local government institutions are not a concession but a constitutional command. The will of the people, expressed through their elected local representatives, must form the foundation of district management and development planning. Any attempt to bypass or marginalize these institutions undermines the democratic fabric and violates Article 140-A of the Constitution.

9. For the reasons stated above, the petition is partly allowed and the respondents are directed to ensure the Constitutional mandate of Local Government in the form of District Council Sibi as envisaged in the Constitution of Islamic Republic of Pakistan, 1973 in letter and spirit by giving the lead of arrangements of Sibi Mela to the District Council Sibi. MH/150/Bal Order accordingly.