ABDUL WAHEED KHAN, J. --- Briefly, the facts of the case are that TMA, Shahpur, District Sargodha and TMA, Khushab through a publication in Daily Jinnah dated 14.5.2011 gave a schedule for the joint auction of Cattle Mandis on 25.5.2011 at Malik Bashir Awan, Hall TMA, Khushab. The petitioner who claims to be a contractor, has invoked the Constitutional jurisdiction of this Court with a prayer that joint auction of the Cattle Mandis (on 25.5.2011) is liable to be declared as without lawful authority and of no legal effect as the Secretary, Government of Punjab have already settled the matter. It is mentioned in paragraph 2 of the petition that the controversy has already been resolved by the Secretary Government of Punjab, Local Government & Community Development Department, Lahore, respondent No. 1 vide order dated 11.6.2010 whereby both the TMAs were directed to hold independent auctions of their respective Cattle Mandis.
2. The counsel for the petitioner submits that the respondent No. 1 in his supervisory jurisdiction has the power to regulate all the matters and that under the provisions of Section 73 of the Local Government Ordinance, 2001, such like arrangement is permissible only within one District. With this submission, it is prayed that this petition be accepted and the impugned publication of joint action proceedings be set aside.
4. The counsel for the respondents submits that the petitioner has no locus standi as he did not participate in any bid. It is submitted that the petitioner has suppressed the material facts about the filing of W.P. No. 11942-2007 and W.P. No. 1425-2003.It is submitted that both the Tehsil Municipal authorities have passed resolution for holding a joint auction of the Cattle Mandis and only the Chief Executive of the Province has the powers to set aside the same in exercise of powers conferred upon him under Section 79 of P.L.G.O., 2001. The Secretary Local Government has no authority under the law to direct TMAs to refrain from holding a joint auction of the Cattle Mandis.
With this submission it is prayed that the writ petition be dismissed.
5. Arguments heard. The petitioner had challenged the publication of afore-mentioned auction notice dated 25.5.2011, for holding the joint auction of the Cattle Mandis on the ground that respondent No. 1 vide order dated 11.6.2010 have held that such an auction is not permissible under the law. There is no denial to the fact that both the TMAs have passed resolutions for the holding of joint auction. The Secretary Local Government has no authority under the law to pass any order, to set aside the resolution of the TMAs and the holding of the joint action of the Cattle Mandis. It is the only the prerogative of the Provincial Chief Executive to set aside such proceedings under the provisions of Sections 69 & 70 of the P.L.G.O., 2001. The law does not prohibit holding of any such joint auction of the Cattle Mandis. Section 70 B ibid as following:-- "70B. Setting aside the resolution of Tehsil Council by the Chief Executive of the Province.-- (1)
Where, in the opinion 9f the Chief Executive of the Province, a resolution of the Tehsil Council is not in conformit with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Tehsil Council, suspend such resolution and refe the matter to the Provincial Local Govemment Commission for an enquiry to be completed no late than ninety days."
6. The Government functionaries are not to act upon the principle that every procedure is to be taken to be prohibited unless it is expressly provided for by the law but on the converse principle that every procedure is to be understood as principle that every procedure is to be understood as permissible till it is shown to be prohibited by law. As a matter of general principle, the prohibition cannot be presumed. Since there is no prohibition for holding any Cattle Mandi, therefore, the prayer made by the petitioner in this Constitutional petition cannot be acceded to, prohibiting the respondent TMAs for holding any joint Cattle Mandis. This writ petition has no merit and is dismissed, accordingly. .