1998 PLP 1169 (SCMR)
ATTIQUR REHMAN and others‑‑‑Petitioners Versus GOVERNMENT OF PUNJAB and others‑‑‑Respondents
| Citation | 1998 PLP 1169 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Fazal Ilahi Khan and Raja Afrasiab Khan, JJ |
| Parties | ATTIQUR REHMAN and others‑‑‑Petitioners Versus GOVERNMENT OF PUNJAB and others‑‑‑Respondents |
| Primary Law | Punjab Local Government Ordinance (VI of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 1169 (SCMR)?
This judgment primarily cites: Punjab Local Government Ordinance (VI of 1979)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1169 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan and Raja Afrasiab Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1169 (SCMR) (ATTIQUR REHMAN and others‑‑‑Petitioners Versus GOVERNMENT OF PUNJAB and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aitzaz Ahsan, Bar‑at‑Law, Advocate Supreme Court with Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner (in Civil Petition for Leave to Appeal No. 585‑L of 1995).
- Maqbool Ilahi, Advocate Supreme Court for Respondents Nos.4, 6, 7 and 11 (in Civil Petition for Leave to Appeal No. 585‑L of 1995).
- Iftikhar Hussain Gillani and Maqbool Ilahi Malik, Advocates Supreme Court with Syed Abut Aasim Jaferi, Advocate‑on‑Record for Petitioners (in Civil Petition for Leave to Appeal No. 245‑L of 1995). .
- Mian Abdul Sattar Najam, Advocate‑General, Punjab for Respondents Nos. 1 and 2 (in Civil Petition for Leave to Appeal No. 245‑L of 1995).
- Maqbool Ilahi Malik, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record (absent) for Petitioner (in Civil Petition for Leave to Appeal No. 471‑L of 1995).
- Nemo for Respondents (in Civil Petition for Leave to Appeal Not 471‑L of 1995).
- Date of hearing: 26th May, 1996.
- Aitzaz Ahsan, Bar-at-Law, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Petitioner (in Civil Petition for Leave to Appeal No. 585-L of 1995).
- Maqbool Ilahi, Advocate Supreme Court for Respondents Nos.4, 6, 7 and 11 (in Civil Petition for Leave to Appeal No. 585-L of 1995).
- Iftikhar Hussain Gillani and Maqbool Ilahi Malik, Advocates Supreme Court with Syed Abut Aasim Jaferi, Advocate-on-Record for Petitioners (in Civil Petition for Leave to Appeal No. 245-L of 1995). .
- Mian Abdul Sattar Najam, Advocate-General, Punjab for Respondents Nos. 1 and 2 (in Civil Petition for Leave to Appeal No. 245-L of 1995).
- Maqbool Ilahi Malik, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Petitioner (in Civil Petition for Leave to Appeal No. 471-L of 1995).
- Nemo for Respondents (in Civil Petition for Leave to Appeal Not 471-L of 1995).
- Writ Petition No.9194 of 1993 was dismissed on account of death of Mian Abdul Majid, the petitioner. Civil Miscellaneous No. 1858 of 1993 on behalf of Muhammad Latif Rana and Civil Miscellaneous on behalf of Iqbal Mahmood Khokhar, Advocate, Councillor in Writ Petition No.9009 of 1993 were dismissed because these were not argued by their learned counsel. Several Intra-Court Appeals were filed which were disposed of on 19-2-1995 by a Division Bench of the Lahore High Court with modification in the judgment of learned Single Judge stating: "in case within three months from today the process for holding fresh elections of the Local Bodies is not commenced and taken to its logical conclusion all the Local Bodies shall automatically stand revived. " Mehar Zulfiqar Ali Babu etc. were not satisfied with the judgment of Division Bench and as such instituted Civil Petition for Leave to Appeal No.245-L of 1995. Another Civil Petition No.585-L of 1995. was filed by Attiqur Rehman. Third Civil Petition No.471-L of 1995 was brought by Humair Hayat Khan Rokhri before this Court. These petitions were consolidated and heard together as common question of law had arisen in them.
Headnotes / Summary
(On appeal from the judgment passed in Intra‑Court Appeals Nos.81, 92, 93, 96, 97, 102, 123, 124, 125, 126, 127, 128, 129, 130, 131 and 132 of 1994 by Lahore High Court dated 19‑2‑1995). ‑‑‑‑S. 26‑A‑‑‑Constitution of Pakistan (1973), Art.185(3) ‑‑‑ Notification for holding fresh elections of Local Councils by curtailing term of existing councils‑‑‑High Court directed Government to hold elections to Local Councils till 31‑3‑1994; in case of non‑compliance of such direction, Local Councils would stand revived with effect from 1‑4‑1994‑‑‑Division Bench of High Court modified said judgment of High Court to the effect that in case within three months from pronouncement of judgment, process of holding fresh elections was not commenced and taken to its logical conclusion, all Local Bodies would automatically stand revived‑‑‑Validity‑‑‑Petitioners contended that S.26‑A, Punjab Local Government Ordinance, 1979, suffered from vice of excessive delegation of legislative power; that after holding notification of dissolution of Local Councils to be nullity in law by the High Court, there was absolutely no justification left to allow Administrators to control Local Councils ‑‑‑Leave to appeal to Supreme Court was granted to consider the contentions raised.
Judgment & Decree
RAJA AFRASIAB KHAN, J.
Elections of local bodies in Punjab were held on 28-12-1991. On 15th of August, 1993, the Governor of Punjab issued a notification for holding fresh elections of Local Councils which reads as follows: "In exercise of the powers conferred on him under section 26-A of the Punjab Local Government Ordinance, 1979, the Governor of the Punjab is pleased to direct that fresh elections to the Local Councils in the Punjab will be held in the month of January, 1994, and as a consequence thereof the term of office of the said Councils stands curtailed with immediate effect. The Governor is further pleased to appoint the persons and authorities shown in column No.3 of the Schedule given below as Administrators of the Local Councils mentioned against them in column 2 thereof. " Mehar Zulfiqar Ali Babu and 11 others, the petitioners herein, former Chairmen of District Councils through Writ Petition No.9009 of 1993 assailed the validity of above quoted notification. A learned Judge of the Lahore High Court vide his judgment dated 30th of January, 1994 held: "The Government is, therefore, well-advised to hold elections to the local councils till 31-3-1994. The date has been fixed keeping in view the time required for making necessary arrangements for holding the election, the Holy month of Ramazan and the harvesting season. This is all the more necessary to create uniformity. There are 29 Zila Councils, one Metropolitan Corporation, 7 Municipal Corporations, 63 Municipal Committees, 135-Town Committees and 2392 Union Councils with thousands of Councillors and innumerable office bearers in the Province. Only a small fraction i.e. 12 Zila Councils, the Metropolitan Corporation, one Municipal Corporation and one Municipal Committee are before the Court. The High Court can grant relief under Article 199 of the Constitution to an "aggrieved party" and not to those who seem to have foregone their rights, if any. However, it is made very clear, that if the election process is not completed by 31st of March, 1994, it would mean that the Government is not interested in the general public good, the will of the political sovereign
electorate in the Province is not being honoured, and the provisions of the Ordinance are being violated, breached and by-passed. All this would be hit by Article 4 of the Constitution ('To be treated in accordance with law is the inalienable right of every citizen'). In that eventuality the law must have its course and the writ petitioner Local Councils shall stand revived w.e.f. 1-4-1994." Writ Petition No.9194 of 1993 was dismissed on account of death of Mian Abdul Majid, the petitioner. Civil Miscellaneous No. 1858 of 1993 on behalf of Muhammad Latif Rana and Civil Miscellaneous on behalf of Iqbal Mahmood Khokhar, Advocate, Councillor in Writ Petition No.9009 of 1993 were dismissed because these were not argued by their learned counsel. Several Intra-Court Appeals were filed which were disposed of on 19-2-1995 by a Division Bench of the Lahore High Court with modification in the judgment of learned Single Judge stating: "in case within three months from today the process for holding fresh elections of the Local Bodies is not commenced and taken to its logical conclusion all the Local Bodies shall automatically stand revived. " Mehar Zulfiqar Ali Babu etc. were not satisfied with the judgment of Division Bench and as such instituted Civil Petition for Leave to Appeal No.245-L of 1995. Another Civil Petition No.585-L of 1995. was filed by Attiqur Rehman. Third Civil Petition No.471-L of 1995 was brought by Humair Hayat Khan Rokhri before this Court. These petitions were consolidated and heard together as common question of law had arisen in them.
2. Learned counsel for the petitioners submits that section 26-A of the Punjab Local Government Ordinance, 1979 suffered from the vice of excessive delegation of legislative power. It is added that after holding the notification dated 15th of August, 1993 to be nullity in law, there was absolutely no justification left to allow the Administrators to control the Local Councils. He argues that the judgment of the Lahore High Court whereby direction to hold elections by 31-34994 was issued to the Government of Punjab was not challenged before this Court. In other words, it is claimed that the validity of the said judgment was admitted to be correct by the Government for all intents and purposes. At any rate, the Government was duty bound to hold the said elections in compliance with the judgment of the High Court which it failed to do for no obvious legal justification.
3. There is, prima facie, force in the arguments of the learned counsel. A Leave to appeal in the aforementioned petitions is, therefore, granted. These) connected matters shall be heard and decided in the 3rd week of June, 1996. In view of the public importance having been involved in the cases, a request may be conveyed to the Hon'ble Chief Justice of Pakistan for constitution of a larger Bench for hearing the petitions. Interim relief already given in Civil Petition No.585-L of 1995 (Attiqur Rehman v. Government of the Punjab etc.) would continue till the final hearing of the appeals. A.A./A-48/S Leave granted.