LHC declares ongoing development funds to MNAs and MPA illegal

• Justice Shahid Jamil Khan issued a 20-page written judgment.
• LHC in its verdict declared the appointment of administrators illegal.
• The purpose of releasing such development funds is to influence voters.

LAHORE: The Lahore High Court (LHC) on Tuesday declared ongoing development funds to MNAs and MPAs without the approval of the local government in Punjab as “unconstitutional”.

The LHC in its verdict declared the appointment of administrators without the approval of the Punjab Cabinet and the new development projects without the approval of the local government as illegal.

The court ruling said that such projects can continue only if the elected representatives approve.

Justice Shahid Jamil Khan issued a 20-page written judgment. The court issued a verdict on the petition of Mazhar Hussain Goraya, which said that releasing development funds to MNAs and MPs is a violation of the constitution.

According to the decision of the LHC, the release of development funds to MNAs and MPs is against democratic values. The purpose of releasing such development funds is to influence voters which are unfair. Allocation and utilization of funds for arbitrary constituencies is a violation of Article 25 of the Constitution.

The decision said that the release of development funds in the constituencies won by the ruling party is unconstitutional. Grants given to MNAs and MPs under an executive order within local government limits are illegal. The Election Commission should hold elections under the Punjab Local Government Act 2022 after the work of constituencies is completed.

The petitioner had challenged the tender notice issued regarding the development work in Dera Ghazi Khan.
According to the petitioner, the tender notice was issued without the approval of the Secretary of Local Government in violation of the policy, and the Deputy Commissioner and the Chief Officer issued the notice without approval to award the respective MNAs and MPAs.

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Secretary Local Government appeared in the court and said that the approval of the development scheme has been done under the rules. Secretary Local Government admitted in arguments that the scheme was approved by the MNA and MPA on their letterhead proposal.