Law:

Section:

(a) Sindh Local Government Ordinance (XXVII of 2001)--- ----S.186(2)---West Pakistan Land Revenue Act (XVII of 1967), S. 6---Government of Sindh, in exercise of powers conferred by S.6, West Pakistan Land Revenue Act, 1967 through four separate notifications, carved out four new Districts from the existing four Districts---Four separate notifications were subsequently issued by the Sindh Government in exercise of powers conferred by S.186(2) of Sindh Local Government Ordinance, 2001 whereby the Nazims and Naib Nazims of the existing Districts were removed in consequence of the creation of new Districts---Validity---Held, by creation of new Districts the elected representatives of the original Districts could not be said to have ceased to hold office---If a District Coordination Officer could look after the affairs of two Districts, why not the elected representatives could do so till the new elections were held in due course---Removal of elected representatives, under the law, was a mere presumption not supported either by the West Pakistan Land Revenue Act, 1967 or by the Sindh Local Government Ordinance, 2001---Government of Sindh, in the present case had misconstrued the provisions of S.186(2) of Sindh Local Government Ordinance, 2001 and misinterpreted in deriving power for removal of District Nazims and Naib Nazims. Aftab Hossain's case PLD 1970 Dacca 798 ref. (b) Sindh Local Government Ordinance (XXVII of 2001)--- ----Ss. 2(x), 5, 7, 10, 11, 23, 24 & 186(2)---Scope and application of Ss.2(x), 5, 7, 10, 11, 23, 24 & 186(2) of Sindh Local Government Ordinance, 2001. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Government of Sindh, through Local Government Department, seek leave to appeal against the judgment dated 10-5-2005 of a learned Division Bench of Sindh High Court at Karachi whereby, on acceptance of petition under Article 199 of the Constitution filed by the respondents, four separate notifications dated 22-12-2004 issued by the Sindh Government were declared void, unlawful and without jurisdiction and removal of the respondents from the status of Nazims and Naib Nazims of their respective Districts was annulled. 2. Government of Sindh, in…

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