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ADMINISTRATOR MUNICIPAL CORPORATION, PESHAWAR vs TAIMUR HUSSAIN AMIN S — 2021 SCMR 714 SUPREME-COURT

Case information

Citation
2021 SCMR 714 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
ADMINISTRATOR MUNICIPAL CORPORATION, PESHAWAR vs TAIMUR HUSSAIN AMIN S
Provisions referred to
S. 3---C; Amendment Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ADMINISTRATOR MUNICIPAL CORPORATION, PESHAWAR VS TAIMUR HUSSAIN AMIN S. 3---Constitution of Pakistan, Arts. 128 & 140A---Punjab Local Government (Amendment) Ordinance (III of 2021), Preamble---Local Government elections---Whether mala fide and intentional contravention of Art. 128 of the Constitution by the Provincial Governor---Contentions that Art. 128 of the Constitution empowered promulgation of Ordinances by Governors under certain stipulated, limited and prescribed conditions and such power could only be exercised when the provincial assembly was not in session; that in the present case the Provincial Assembly was prorogued on 1st February 2021, whereas the Punjab Local Government (Amendment) Ordinance, 2021 ['the Amendment Ordinance'] was promulgated by the Governor on 3rd February 2021; that the Provincial Government could not have come up with the 70 page Amendment Ordinance overnight, and have it drafted, vetted, finalized and then approved by the provincial cabinet and having done so, sent it to the Governor, through the Chief Minister, for the issuance of an Ordinance; that it was clear that the Amendment Ordinance was already ready for promulgation when the Provincial Assembly was prorogued but was withheld by the Governor to avoid submitting it as a bill before the Provincial Assembly for its consideration, and such act of the Governor was a fraud on the Constitution---Held, that there was substantial merit in said contentions because it was extremely difficult to believe that a 70 page Amendment Ordinance suddenly emerged for promulgation by the Governor immediately after proroguing the provincial assembly, therefore, it needed consideration whether this constituted a case of mala fide and intentional contravention of Art. 128 of the Constitution by the Provincial Government/Governor, and if so, what were the consequences thereof---Applications were disposed of.

Other judgments reported in 2021 SCMR

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