LGs: landmark verdict

The act of dissolution disenfranchises the people says SC

The Supreme Court has struck down the Punjab government’s decision to dissolve local governments in the province, and noted that the act of dissolution disenfranchises the people. In its detailed judgment, the court said the elected local governments could not be dissolved by Section 3 of the Punjab LG Act of 2019 because it conflicted with Article 17 read with Articles 140A, 7 and 32 of the Constitution, and declared Section 3 of the LG Act of 2019 in violation of the Constitution. The local governments should complete their term as prescribed in the law.

The court gave the verdict on multiple petitions for restoration of over 55,000 LG representatives in the province. The PT-led government dissolved local governments in Punjab prematurely in May 2019, as they were to complete their term on Dec 31, 2021. While admitting the provincial legislature’s right to enact and amend laws, the court said the fact that the amendment to the legislation contravened the provisions of the Constitution, the LG representatives could not be removed from office without completing their full term. Elaborating on Article 17 which confers upon citizens the right to form associations and political parties and be a member of a political party, the court held that this was a fundamental right of the people granted by the Constitution.

Since, under Article 7 of the Constitution, local governments are empowered to impose taxes like the federal and provincial governments, they are part of the state, and are the third tier of the federation. And Article 32, though part of the Principles of Policy and not enforceable by courts, emphasises encouraging LG institutions with due representation of peasants, workers and women in these bodies to enable resolution of their issues at the local level. These Directives of Principles of Policy should be considered in making laws. In Sindh, the previous local governments completed their term on Aug 30, 2020, but new elections have not yet been held.

Published in The Express Tribune, July 7^th, 2021.

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