LHC strengthens secretary’s authority in Punjab govt rules case

ISLAMABAD: The Lahore High Court’s (LHC) Rawalpindi bench on Wednesday upheld the constitutional authority of departmental secretaries under the Punjab Government Rules of Business, 2011.

The court dismissed a petition challenging a decision by the Secretary for Local Government and Community Development to reduce billboard advertisement rates in Murree.

Justice Jawad Hassan presided over the case, which involved a local contractor contesting the reduction of billboard rates from Rs400 to Rs100 per square foot annually. The adjustment followed a dispute raised by Coca-Cola Beverages Pakistan Limited and a subsequent court directive.

The petitioner — a contractor awarded the 2023-24 contract for collecting advertisement fees in Murree by the Municipal Corporation — argued that a demand notice issued on Nov 29, 2023, had been accepted without objection by Coca-Cola at the time. However, the company later filed a writ petition, prompting the secretary to revise the rates.

The contractor claimed that the secretary lacked lawful authority to make such changes, calling the decision “illegal and without jurisdiction”.

The case brings into focus the secretary’s powers under Rule 10 of the Punjab Government Rules of Business, 2011, and the provisions of the Punjab Local Government Act, 2022.

The Lahore High Court, which earlier directed the secretary to resolve the matter, has yet to announce its final decision on the contractor’s objections.

The dispute highlights the challenges faced by local governments in balancing public interest and private business concerns in revenue collection.

The court held that the Punjab Government Rules of Business have constitutional backing under Article 139 of the Constitution of Pakistan. The judgment emphasised that the rules guide governance processes and are binding for administrative efficiency and public interest.

The court also stated that the secretary’s decision was consistent with his authority under Rule 10 of the Punjab Government Rules of Business and Sections 146, 147 and 148 of the Punjab Local Government Act, 2022.

The court cited several judgements, including the Supreme Court’s landmark decision in Mustafa Impex vs. Government of Pakistan (2016), which established that rules of business have constitutional significance and are crucial for good governance.

Published in Dawn, December 19th, 2024