Punjab Governor Sardar Latif Khosa has returned 17 bills passed by the Punjab Assembly after raising several objections, especially on the Punjab Local Government (Second Amendment) Bill of 2011 and has asked the Punjab Assembly to discuss the bills again.
The primary objection raised by the governor was that the assembly did not have the mandate to pass these bills. The assembly passed The Punjab Local Government (Second Amendment) Bill of 2011 on December 28, 2011. It was returned under the provision of Article 116(2)(b) of the constitution for reconsideration by the assembly in the light of the following observations:
“Article 140A of the constitution enjoins upon the province to establish a Local Government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the LG. The bill in question seeking amendment in the Punjab Local Government Ordinance, 2001 negates the mandate of constitutional provision which already has been staggered by the provincial government since it came into office.
“The proposed amendment in Section 28 of the Ordinance ibid opens appointment of district coordination officer of any grade by replacing ‘as far as possible an officer in BS-20’, which will lower and make the high office ineffective and susceptible to appointment of favourites of lowest grade, at the same time affecting upon the promotion prospects of the federal and provincial services resulting into litigation and resentment by these officers.
“Clause 5 of the Bill is wholly against the conceptual scheme of democratic dispensation starting from the grass root level. Sub-section (6) of Section 179-A to the Punjab Local Government Ordinance, 2001, which had earlier been inserted was itself a dilatory provision allowing deferment by provincial government of the elections to the LG in which periphery of time was not observed. Through the addition of Sub Section (12) to Section 179-A of the Ordinance ibid, yet again 180 days are being given for the purpose. It is hilarious that on the one hand immediate general elections are being demanded, while Local Government Elections are being delayed without any reasonable cause and people of the province denied their legitimate constitutional rights of self governance at local level.
“Various clauses proposed towards substitution of Sub Section (6) authorising the government to designate officer for initiation of Annual Performance Report in respect of District Coordination Officer is repulsive to democratic norms where people’s representatives stand replaced with designated officers.
“Sub Section (7) appointing ad hoc Accounts Committee for all LGs in a district negates the concept of permanency so propounded by superior courts. Ad-hocism has never augured with good governance.
“Sub Sections (8) to (12) prescribe composition of the ad hoc Accounts Committee, which will be controlled by the Treasury and as such with the government entering the last year of elections would recoil on transparency in the elections being the essence of democracy. The Supreme Court in the judgement pronounced on 07.10.2011 in CP No 1017-L of 2011 has in Paragraph 29 observed as under:
“‘It is imperative to remind ourselves particularly those who are under Oath, to defend and protect the constitution that in term of Article 5(2), obedience to the constitution and law is the (inviolable) obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.
“‘A constitutional provision which is time-bound is always mandatory unless the context otherwise provides so. The provisions of the Article 254 of the constitution, ie ‘failure to comply with requirement as to time does not render an act invalid’ are not intended to condone non-compliance of a mandatory and time-bound provision, rather are meant to save the action taken belatedly.’ “The very judgement in paragraph 30 goes on to state that ‘societies grow and nations progress by strict adherence to the rule of law’.
“Through the Punjab Local Government (Amendment) Act 2010 promulgated on 28-10-2010, it was mandated that the Local Government Elections would be called within 365 days which cut out date expired on 27.10.2011. Obviously, non-compliance by the Punjab government is in violation of the law and per observations of the Supreme Court quoted above, which is binding under Articles 189 and 190 of the constitution. “No statement of Objects and Reasons has been enclosed with the Punjab Local Government (Second Amendment) Bill 2011.”
APPOINTS RED CRESCENT CHAIRMAN: Separately, the governor has appointed Zahid Bashir the chairman of the Punjab Red Crescent Society.
