TEHSIL MUNICIPAL ADMINISTRATION, HAFIZABAD vs GOVERNMENT OF PUNJAB through Secretary, Local Government and Rural Department, Lahore and otherss
This petition for leave to appeal challenged a Lahore High Court judgment regarding a dispute over the operation of cattle markets by the Tehsil Municipal Administration (TMA), Hafizabad. The core legal question was whether the Secretary, Local Government and Rural Development, Government of the Punjab, possessed the authority to issue binding directives to the TMA regarding the scheduling of cattle markets to avoid clashes with other established markets, specifically under the Local Government Ordinance, 2001. The petitioner argued that the TMA was an independent authority and that such directives constituted unlawful interference. The Supreme Court dismissed the petition, holding that the Secretary, Local Government, is empowered to supervise the functions of local councils. Consequently, the guidelines issued by the Secretary for the proper functioning of these councils have a binding effect. The Court affirmed that the Secretary's order, which sought to harmonize market schedules in accordance with established policy guidelines, was lawful and did not warrant interference by the High Court.
- Does the Secretary, Local Government and Rural Development have the authority to issue binding guidelines to Tehsil Municipal Administrations regarding the operation of cattle markets?
- Can the High Court interfere with administrative orders issued by the Secretary, Local Government, when such orders are consistent with established policy guidelines?
- Is the Tehsil Municipal Administration an independent authority exempt from the supervisory powers of the Secretary, Local Government, under the Local Government Ordinance, 2001?
- Section 127(3), Local Government Ordinance 2001
ORDER
' 1FTIKHAR MUHAMMAD CHAUDHARY, ACTG. C.J.--- This petition for leave to appeal has been filed against judgment dated 12-11-2004 passed by the Lahore High Court in Writ Petition No,11121 of 2004 instituted by the petitioner.
2. Precisely stating facts of the case are that a dispute arose between the petitioner and respondent No,2 regarding holding of cattle markets at designated place by the petitioner i,e, Burj Fateh Ali and by the respondent No,2 at Thatta, Garha. The market ultimately came for consideration before the Secretary, Local Government and Rural Development, Government of the Punjab, who disposed it of as follows:-- "After hearing the arguments and having perused the record, it is clear that Tehsil Municipal Administration, Hafizabad leased out the collection rights of Cattle Market Burj Fateh Ali for a period of three years w,e,f, 1-7-2002 to 30-6-2005 before issuance of the policy guidelines issued by the Government. Further T.M.A. Hafizabad is directed to hold the cattle "Mandi" at the designated place i,e, Burj Fateh Ali. Moreover, the day fixed for holding Cattle Market Burj Fateh Ali may not clash with day of Cattle "Mandi" Thatha Garha. Since Cattle "Mandi" Thatha Garha is established and working regularly, the day for Cattle "Mandi" Burj Fateh Ali should be fixed other than to the day already fixed for the Cattle Market Thatha Garha as per policy guidelines circulated by Government."
3. The petitioners challenged the above decision before the High Court by invoking its Constitutional jurisdiction but without success, as such instant proceedings.
4. Learned counsel for the petitioner contended that T.M.A. Hafizabad is an independent authority, therefore, the Secretary, Local Government, while exercising powers under section 127(3) of the Local Government Ordinance, 2001, (hereinafter referred to as the Ordinance) had no jurisdiction to dictate that it should not hold cattle market on Wednesday because on the day cattle market is being held by T.M.A. Pindi Bhattian at Thatta Garha. Therefore, according to him, it is interference in the affairs of the petitioner.
5. We have heard the learned counsel and have also gone through the guidelines which have been issued by the Government of the Punjab, through, Secretary, Local Government, for holding of cattle markets dated 23-8-2002. Since the Secretary, Local Government is required to supervise the functions of the Local Councils, therefore, such guidelines issued for their proper functioning have got binding effect. In our considered opinion, the Secretary, Local Government had issued order dated 9-6-2004 strictly in accordance with the guidelines, therefore, the learned High Court had rightly not interfered in the order of the Secretary, Local Government.
6. Thus, for above reasons, no point has been made out for interference in the impugned judgment.
Consequently, petition is dismissed.