ASAD ALI KHAN vs PROVINCE OF PUNJAB Ss — 2021 PLD 770 SUPREME-COURT

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ASAD ALI KHAN VS PROVINCE OF PUNJAB Ss. 3 & 233 [as amended by the Punjab Local Government (Amendment) Act (XI of 2020)]---Punjab Local Government Act (XVIII of 2013), S. 30---Constitution of Pakistan, Arts. 7, 17, 32 & 140A---Local governments in Punjab elected under the Punjab Local Government Act, 2013 ('Act of 2013') dissolved before expiry of their five year term by S.3 of the Punjab Local Government Act, 2019 ('Act of 2019')---Section 3 of the Act of 2019, vires of---Local government system established under Art. 140A of the Constitution through Provincial Legislation, when translated into an elected local government for a specified period of time by law, could not be dissolved before the period of its expiry, as such action would directly come in conflict with Art. 17 of the Constitution read with Arts. 140A, 7 & 32 of the Constitution---Local governments elected under the Act of 2013 were entitled to function for the duration of five (05) years as provided under the said Act itself---Supreme Court declared S. 3 of the Punjab Local Government Act, 2019 to be ultra vires the Constitution, and consequently held that the Local Governments as were existing in the Punjab prior to promulgation of the said section stood restored and shall complete their term in accordance with law. Citation Name: 2021 PLD 770 SUPREME-COURTBookmark this Case ASAD ALI KHAN VS PROVINCE OF PUNJAB S. 3---Constitution of Pakistan, Arts. 7, 17, 32, 140A & 184(3)---Dissolution of all local governments in Punjab constituted or continued under the Punjab Local Government Act, 2013---Constitutional petition under Art. 184(3) challenging the constitutionality of S.3 of the Punjab Local Government Act, 2019 ('Act of 2019')---Maintainability---Petitioners had raised the question of constitutionality of S.3 of the Act of 2019, being violative of Arts. 7, 17, 32 & 140A of the Constitution---Combined reading of said Articles showed that they weaved the very fabric of the local government system and Art. 17 provided the bedrock on which the local government system stood or rested---Infraction of Art. 17 fragmented and tore apart the whole local government system and the local governments established by it, thus, the very relevance of Art. 17 of the Constitution, which guaranteed to the citizen fundamental right, inter alia, to form and be a member of a political party, raised a question of public importance with reference to the enforcement of the fundamental rights, thus, the petitions before the Supreme Court under Art. 184(3) of the Constitution were maintainable. Citation Name: 2021 PLD 770 SUPREME-COURTBookmark this Case ASAD ALI KHAN VS PROVINCE OF PUNJAB Part. II, Chap. 2---Principles of Policy---Scope---Although Principles of Policy were not enforceable by Court nor could they on their own be made basis for adjudging any law to be void but in making law, the State was required to be guided by the directives of the Principles of Policy and had to ensure that these directives were duly reflected in making of law, for they were pronounced objectives of the State for the socio-economic development of the citizens for the ultimate establishment of an egalitarian society---Said directives Principles of Policy of the State had a place in overall working of the State, and all acts of the State organs and the functionaries of the State had to be in consonance with these directives---No inconsistency in this regard could be made by the State or State Organs in performance of its functions.

ASAD ALI KHAN vs PROVINCE OF PUNJAB Ss — 2021 PLD 770 SUPREME-COURT

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