LG Act a poorly drafted law, observes LHC
LAHORE: The Lahore High Court on Tuesday observed that the Punjab Local Government Act 2019 was a poorly drafted law and most of its provisions were self-contradictory.
A full bench was hearing scores of petitions against the law and dissolution of local government institutions by the provincial government. The provincial secretaries for local government and law appeared before it.
They told the bench that a meeting held with the stakeholders resolved at introducing some amendments to the impugned law to remove the grievances of the petitioners.
However, a counsel for the petitioners pointed out that the agreement reached between the stakeholders was to the extent of the role of the Election Commission of Pakistan (ECP) in the process of holding elections.
Justice Mamoon Rashid Sheikh headed the bench along with Justice Shahid Waheed and Justice Jawad Hassan.
Asked about the election schedule, LG Secretary Dr Ahmad Javed Qazi said election could only be held after the amendments to the law and making of the rules under it.
Answering a question whether the draft law was vetted before its finalisation, law secretary Nazir Ahmad Gajana said he was also not satisfied with the law though it was vetted. He sought time to complete the process for the amendments and making rules.
Justice Sheikh observed that the government from the day one had been adamant that there was no wrong with the law and now its law secretary was not satisfied with the legislation. The judge remarked that the court could strike down the whole law if the government had been facing any difficulty in making amendments to it.
Another petitioner’s counsel argued that they had no objection if the government was allowed more time but court should first set aside the unconstitutional act by the government of dissolution of the local government institutions.
The bench adjourned further hearing till Nov 6 as advocate general of Punjab was not available.
Khalid Ranjha, Ahsan Bhoon, Azam Nazir Tarar, Mobeenuddin Qazi, Usama Khawar Ghumman, Awais Khalid and others represented the petitioners.
The petitioners include Lahore’s former lord mayor retired Col Mubashir Javed, nine deputy mayors of Lahore, and former Narowal district council chairman Ahmad Iqbal, son of former interior minister Ahsan Iqbal.
On previous hearing, the ECP had also told court that the new local government law was not only contrary to the Election Act 2017 but also self-contradictory in nature.
Published in Dawn, October 30th, 2019