Law: Sindh Local Government Ordinance (XXVII of 2001)

Section: 191,24,47,62

Law: Sindh Local Government (Election Authority) Rules, 2004

Section: 19

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Local Government Ordinance (XXVII of 2001)--- ----S. 191---Constitution of Pakistan (1973), Art.199---Constitutional petition---Framing of Rules---Non-publication of proposed rules---Right of hearing of objector---Petitioner assailed vires of Rules on the ground that neither they were publicized nor opportunity of hearing was given to him, as he had filed objections with regard to proposed Rules---Validity---Publicizing proposed rules through print or electronic media or to be sent to Nazims of Union Councils concerned, was neither required under S.191 of Sindh Local Government Ordinance, 2001, nor under. any provision of any other law---Personal hearing of objector was also not required under S.191 of Sindh Local Government Ordinance, 2001, with regard to objections filed by any person---Non­ consideration of objections/suggestions per se would not render promulgation of rules illegal or without authority. (b) Interpretation of statutes--- ----Rules, framing of---Principles---Rules made under statute must be consistent with the statute under which they are made---Such rule's cannot repeal or contradict express provisions of the statute, from which they derive their authority---If rules framed under a statute are in excess of the provisions of such statute or are in contravention of or inconsistent therewith, or are repugnant to any well-established principles of statute, such rules must be regarded as ultra vires of the statute and cannot be given effect to. (c) Sindh Local Government Ordinance (XXVII of 2001)--- ---Ss. 24, 47 & 62---Sindh Local Government (Election Authority) Rules, 2004, R.19---Constitution of Pakistan (1973), Art. 199---Constitutional petition ---Vires of Rules---Replacement of Nazim or Naib Nazim---Procedure---Election Authority, jurisdiction of---Petitioner being Nazim of union council contended that Election Authority did not have any jurisdiction to restrain him from performing his functions---Validity---Under no circumstances, Sindh Local Government Ordinance, 2001, allowed replacement of Nazim or Naib Nazim by Government functionary and in all events, functions of Nazim or Naib Nazim were to be discharged by the elected…

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