Law:

Section:

Balochistan Local Government Ordinance, 2001-- ----S. 21--Constitution of Pakistan, 1973, Art. 185(3)--Leave granted inter alia on the points whether the Chief Minister had acted with diligent application of mind while exercising powers as conferred upon him u/S. 21 of the Balochistan Local Government Ordinance, 2001 and accepted the alleged resignation tendered by the petitioner--Whether the impugned is in consonance with law laid down by Supreme Court in case Muhammad Munir-ul-Haq vs. Muhammad Latif Chaudhry (1992 SCMR 2135)--Appeal was ordered to be fixed at some early date and till its disposal operation of notification shall remain suspended. [P. 138] A Order Javed Iqbal, J.--Heard Syed Ayaz Zahoor, learned ASC on behalf of petitioner, Mr. Salahuddin Mengal, learned Advocate General, Balochistan for official respondents and Mr. Kamran Murtaza, learned ASC for officiating Nazim namely Mr. Abdul Raheem Kurd, scanned the entire record with their eminent assistance and perused the judgment impugned carefully. We are inclined to grant leave, interalia, on the following points:-- (i) Whether the legal and factual aspects of the controversy have been appreciated in its true perspective by the learned High Court while dismissing the writ petition preferred on behalf of Sardar Naseer Ahmed Mossiani (petitioner)? (ii) Whether the genuineness and authenticity of the resignation allegedly tendered by the petitioner is above board or otherwise? (iii) Whether the Chief Minister had acted with diligent application of mind while exercising powers as conferred upon him under Section 21 of the Balochistan Local Government Ordinance, 2001 and accepted the alleged resignation tendered by the petitioner? (iv) Whether the acceptance of resignation smacks of mala fides specially when a categoric denial was made for tendering such resignation on behalf of petitioner and published in different newspapers? (v) Whether the petitioner had performed his functions as Nazim after tendering the alleged resignation and it was in the knowledge of Provincial Government? (vi) Whether Sardar Naseer Ahmed Mossiani (petitioner) has any legal right to claim the seat of Nazim on the basis of…

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