7th LUMS INTERNATIONAL MOOT COURT COMPETITION, 2024

Team Code: 713R

BEFORE

THE HONORABLE SUPREME COURT OF PAKISTAN

_____________________________________________________________________________________

MASAWAT ALLIANCE PARTY (MAP)

…………………… PETITIONER

VERSUS

FEDERATION OF ARKAAN

…………………. RESPONDENT

_____________________________________________________________________________________

MEMORIAL ON BEHALF OF PETITIONER

 7th LUMS INTERNATIONAL MOOT COURT COMPETITION, 2024

TABLE OF CONTENTS

List of Abbreviations…………………………………………………………………………….

Index of Authorities…………………………………….…………………………………….….

Statement of Jurisdiction…………………………………………………………………………

Statement of Facts………………………...……………………………………………..…….…

Statement of Issues………………………………………………………………………………

Summary of Arguments………………………………………………………….……….……..

Argument Advanced………………………………………………………………………….….

Prayer……………………………………………………………………………………………
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TABLE OF ABBREVIATIONS

Acronyms Full Forms

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INDEX OF AUTHORITIES

CASES

ARTICLES AND JOURNALS

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STATEMENT OF FACTS
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STATEMENT OF ISSUES

Issues:

1. Jurisdiction

a. Whether the Supreme Court has the jurisdiction to entertain MAP’s petition under Article 184(3)?

2. Ban of Masaawat Alliance Party

a. Whether Section 212 of the PPA is ulta vires the Constitution?

b. Whether the ban of MAP violates its right of political participation under Article 17 of the
Constitution?

3. Dissolution of Local Governments

a. Whether Section 151 of the Huruf Local Government Act, 2010 and other identical

provisions are ulta vires the Constitution?

b. Whether the dissolution of local governments was valid and in consonance with the law?
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SUMMARY OF ARGUMENTS

4. Section 151 of the Huruf Local Government Act 2010, and similar provisions in other local
government acts, are not ultra vires of the Constitution of Pakistan. These provisions provide a legal and
constitutional mechanism for the dissolution of local governments under specific circumstances, ensuring
the effective functioning of local government systems in accordance with democratic principles and
provincial autonomy.

5. The dissolution of the local governments in Zimir, Hudd, and Sheesh was a lawful and necessary
response to the unrest caused by the MAP leader's speeches. It was conducted in accordance with the
constitutional authority granted to the Provincial Governments and was aimed at restoring peace and
order in the affected cities. The actions taken were justified based on the failure of the local governments
to maintain peace and order and protect public safety, and were carried out with the necessary democratic
oversight and legal framework.
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ARGUMENTS ADVANCED

3. Dissolution of Local Governments

a. Whether Section 151 of the Huruf Local Government Act, 2010 and other identical provisions
are ulta vires the Constitution?

No, Section 151 of the Hurf Local Government Act, 2010 and other identical provisions are not ultra vires
to the constitution.

Section 151 of the Huruf Local Government Act 2010, the Veen Local Government Act 2013, and
the Nuqt Local Government Act 2011:

 This section allows the Provincial Government, under certain circumstances, to advise the
Governor to dissolve a local government if it is of the opinion that the local government cannot
be carried on in accordance with the provisions of the Act and the Constitution, and an appeal to
the electorate is necessary.
 The Governor has the authority to dissolve the local government through an order published in
the official Gazette.
 The provision is enacted by the provincial legislatures, which have the constitutional authority to
legislate on matters of local government.
 The provision is intended to address situations where the local government is unable to function
in accordance with the law and the Constitution, and an appeal to the electorate is deemed
necessary. This aligns with the principles of democratic governance and accountability.

The dissolution provisions in the Hurf Local Government Act 2010 are in alignment with the
dissolution provisions outlined in the Constitution:

According to the Constitution of Arkaan, the National Assembly can be dissolved by the President on the
advice of the Prime Minister, as per Article 58. Similarly, the Provincial Assembly can be dissolved by
the Governor on the advice of the Chief Minister, as outlined in Article 112. The Local government,
being the third tier of government, 1is governed by similar principles. Section 151 of the Hurf Local
Government Act 2010 aligns with these constitutional provisions, aiming to protect the country's peace
and harmony, which is in the best interest of the public. These provisions reflect the constitutional

1
2013 SCMR 1629
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framework established to ensure the effective functioning of all levels of government and the
maintenance of public order.

Accountability and Compliance with the law: Section 151 is designed to ensure the effective functioning
of local governments. It allows for the dissolution of a local government when the Provincial Government
believes that the local government cannot be carried on in accordance with the provisions of the Act and
the Constitution. This provision aims to address situations where the functioning of the local government
is hindered, such as in cases of corruption, mismanagement, or inability to perform essential functions. It
is never safe to confer unfettered powers on a person who is holding the veins of the affairs of the country
as is embedded in the saying “power corrupts and absolute power corrupts absolutely”. This situation can
be avoided by the checks and balances.2

Fundamental Right: In State Of Arkaan, the fundamental right to life is protected under Article 9 of the
Constitution, which states that

"No person shall be deprived of life or liberty save in accordance with law."

This fundamental right includes the right to live in peace and security, which is essential for the
enjoyment of all other rights. In the case of Ms. Shehilla Zia and others vs. WAPDA 3, the Court observed
as follows:

“Article 9 of the Constitution provides that no person shall be deprived of life or liberty save in
accordance with law. The word 'life' is very significant as it covers all facts of human existence. …..”

If a local government fails to maintain peace and security, leading to a situation where the fundamental
right to life is threatened or compromised, the provincial government may intervene, including the
possibility of dissolving the local government in exercise of its duty under article 9 to maintain peace in
province. However, any such action must be taken in accordance with the law and must be justified based
on the specific circumstances.

In Accordance with Article 32 and 140A of Constitution

Article 32 is related to the promotion of the local government institutions in the federation of Arkaan and
article plain reading of Article 140 A states that each province shall establish and devolve political,
administrative and financial powers to the local government. 4 The Constitution mandates provinces to
establish local governments and devolve certain powers to them, while also holding them responsible for
2
PLD 2001 SC 233
3
PLD 1994 Supreme Court 693
4
2012 SCMR 754
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maintaining peace and security within the province. To fulfill this duty, provincial governments are
required to oversee and balance the activities of local governments. If the actions of a local government
are not in accordance with the law and pose a threat to peace, the provincial government is empowered to
take necessary measures to prevent any breach of peace in the province. This ensures that the provincial
government acts as a check on local governments to uphold the rule of law and protect the well-being of
the citizens. An act to promote public interest, safety and welfare is lawful. 5 Section 151 of Hurf Local
Government Act 2010 is also added to keep an eye on activities of local government and to prevent them
from misusing of power and is thus, not ultra vires to constitution.

b. Whether the dissolution of local governments was valid and in consonance with the law?

The dissolution of local government was valid and in consonance with the law.

Failure to Prevent Breach of Peace

Provincial Governments acted within their constitutional authority in advising the Governors to dissolve
the local governments under Section 151 of the respective local government acts. This section allows for
dissolution when the local government cannot be carried on in accordance with the provisions of the Act
and the Constitution, and an appeal to the electorate is necessary. The unrest caused by the speeches of
the MAP leader created a situation where the local governments were unable to function effectively,
justifying their dissolution under the law. The local governments in the cities of Zimir, Hudd, and Sheesh
failed to prevent the breach of peace and maintain law and order within their jurisdictions. Despite
knowing that hostile speech leading to unrest, they did not take adequate measures to prevent the situation
from escalating. This failure demonstrates their inability to carry on the local government in accordance
with the provisions of the Act and the Constitution, warranting their dissolution under Section 151.

Failure to Maintain Peace and Order

The local governments in Zimir, Hudd, and Sheesh failed in their duty to maintain peace and order in
their respective cities. The hostile speeches by the MAP leader led to widespread unrest and massive
destruction, indicating a breakdown in law and order. Despite being aware of the potential for unrest, the
local governments did not take adequate measures to prevent the breach of peace and protect public
property. The failure of the local governments to fulfill their obligations under the law and the
Constitution further justified their dissolution. 6 The Provincial Governments, in advising the Governors

5
1997 CLC 282
6
Nadeem Malik, Ahsan Rana, The History of Local Governance in Pakistan: What Lessons to Learn? Journal of
International Politics ,Volume 1, Issue 3, PP 26-35(2019)
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to dissolve the local governments, acted to address this failure and restore peace and order in the affected
cities.

Necessity and Proportionality of Dissolution

The dissolution of the local governments was a necessary and proportionate response to the situation at
hand. The unrest caused by the speeches of the MAP leader posed a significant threat to public safety and
required immediate action. The Provincial Governments, in advising the Governors to dissolve the local
governments, acted to prevent further harm to the public and restore order in the affected cities.The
decision to dissolve the local governments was based on the appertaining circumstances and was aimed at
addressing the root cause of the unrest. It was a measured response to a serious threat to public safety and
was carried out in accordance with the law and the Constitution.7

Effect on life

The protest and destruction by the supporters of MAP not only violates the right of life of other locals
residents but also responsible for a large scale destruction of public property which is against the
8
fundamental rights of the citizens of Pakistan. Furthermore, the legal framework governing the
dissolution of local governments, including Section 151 of the respective local government acts, provides
the necessary authority and guidelines for such actions. The Provincial Governments followed this legal
framework in advising the Governors to dissolve the local governments, ensuring that the actions taken
were lawful and in compliance with the law and the Constitution.

Appertaining Circumstances

The term "appertaining circumstances" is not explicitly defined in the relevant act, but it encompasses all
actions and events that, in the view of the provincial government, indicate a failure of the local
government to fulfill its functions in accordance with the law. These circumstances could include a range
of factors such as misconduct, corruption, inefficiency, or any other actions that suggest the local
9
government is not effectively carrying out its responsibilities as mandated by law. The dissolution of
local government in cities of huurf, Sheesh and Zimir is result of appertaining circumstances of unrest and
destruction in these cities and failure of local government to prevent these situations.

The above arguments’ shows that dissolution of local government is three cities are in accordance with
law and are validly executed by provincial government.

7
§ 151 , Hurf Local Government Act 2010
8
Art.9 , constitution of Arkaan, 1973
9
§ 151 , Hurf Local Government Act 2010
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PRAYER