Law:

Section:

(a) Sindh Local Government Ordinance (XXVII of 2001)---- ----Ss. 148 & 156---Constitution of Pakistan (1973), Arts. 185(3) & 199---Constitutional petition---Issuance of notification for holding election for office of Naib Zila Nazim without first holding bye-election of 104 vacant seats of various Union Councils---High Court accepted Constitutional petition of voters by declaring such notification as illegal with direction to Election Commission to first conduct bye-election against such vacant seats and then commence proceedings with regard to election for office of Naib Zila Nazim---Contention of Election Commission was that election to such vacant seats was not necessary as members already notified would constitute electoral college for election of Naib Zila Nazim---Validity---Electoral college for election of Zila Nazim and Naib Zila Nazim would consist of all members of Union Councils in a District including Union Nazim and Naib Union Nazim--­Electoral college would not be complete without holding bye-election for such seats lying vacant for more than two years---Depriving right of a vote to such 104 voters would not only be against object of adult franchise, but would be denial of privilege of fundamental rights as guaranteed in the Constitution---Election for such vacant seats could at best be delayed for a period up to 18 months and that too upon a contingency, otherwise same was to be filled up through bye-election within a period of one year from the date same fell vacant---Non-holding of bye-election on such vacant seats even after expiry of one year of announcement of schedule for such purpose was clear violation of S.156 of Sindh Local Government Ordinance, 2001---Supreme Court dismissed petition and refused leave to appeal. (b) Sindh Local Government Ordinance (XXVII of 2001)-- ----Preamble---Local Government system---Concept and object---Stability and success of such system---Essentials stated. The concept of Local Government system envisages participation of the local population at grass-roots level and it is with this spirit that the system of Local Government has been introduced through the Ordinance. The basic idea to enforce this…

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