Messrs Malik MAZHAR HUSSAIN GORAYA vs GOVERNMENT OF PUNJAB Ss — 2023 PLD 257 LAHORE-HIGH-COURT-LAHORE

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Messrs Malik MAZHAR HUSSAIN GORAYA VS GOVERNMENT OF PUNJAB Ss. 4, 71 & 205---Punjab Local Government (Works) Rules, 2017, R. 5(2)---Punjab Local Government Budget Rules, 2017, R. 3(b)---Development funds, allocation of---Members of National Assembly (MNA) and Member of Provincial Assembly (MPA)---Entitlement---Dispute pertained to allocating of Development Funds to ruling and other MNAs and MPAs---Validity---New development projects, not approved by Defunct Local Government, by Administrator, on recommendation of MNAs and MPAs or otherwise were without lawful authority---Appointment of Administrators and assigning of functions and power under Notification dated 21-10-2022, by Chief Minister Punjab, without approval of Cabinet was without lawful authority---Functions, not powers to be exercised by elected Local Government, could be ratified and continued by the Administrators appointed in accordance with law---All new development projects, not approved by Defunct Local Government, were declared without lawful authority, which could only be continued if ratified and approved, in accordance with law by Local Government, to be constituted after forthcoming elections---Any executive order, allocating grants to MNAs and MPAs for development work within the domain of a Local Government, was illegal and any regulation or law permitting allocation of such grant was unenforceable in view of S. 4 of Punjab Local Government Act, 2022, in force---High Court directed Election Commission to hold elections forthwith, on completion of delimitation as scheduled, in accordance with relevant provision under Punjab Local Government Act, 2022, in force, read with the Constitution and in light of judgments by Supreme Court---Constitutional petition was disposed of accordingly.

Messrs Malik MAZHAR HUSSAIN GORAYA vs GOVERNMENT OF PUNJAB Ss — 2023 PLD 257 LAHORE-HIGH-COURT-LAHORE

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