| Citation(s) |
|---|
| 2014 SLG 99 2014 SLD 99 2014 PLD 230 |
Sindh High Court
Constitutional Petition No. D-3206 along with C.Ps. Nos.D-3207, D-3217, D-3291 and D-3321 of 2013, decided on 10thDecember, 2013. DATE of hearing: 12th November, 2013
NISAR MUHAMMAD SHAIKH AND SHAHNAWAZ TARIQ, JJ
Ghulam Murtaza Korai for Petitioner (in C.P.No. D-3206 of 2013). Ghulam Shabbeer Shar and Sohail Ahmed Khoso for Petitioner (in C.P.No. D-3207 of 2013). Petitioner in Person (in C.P.No. 3217 of 2013). Ghulam Shabir Dayo and Nisar Ahmed Bhanbhro for Petiti
Constitutional Petition No. D-3206 along with C.Ps. Nos.D-3207, D-3217, D-3291 and D-3321 of 2013, decided on 10thDecember, 2013. DATE of hearing: 12th November, 2013
NISAR MUHAMMAD SHAIKH AND SHAHNAWAZ TARIQ, JJ
Ghulam Murtaza Korai for Petitioner (in C.P.No. D-3206 of 2013). Ghulam Shabbeer Shar and Sohail Ahmed Khoso for Petitioner (in C.P.No. D-3207 of 2013). Petitioner in Person (in C.P.No. 3217 of 2013). Ghulam Shabir Dayo and Nisar Ahmed Bhanbhro for Petiti
Dr. GHULAM ALI ABBASS @ PAPOO KHANvsPROVINCE OF SINDH through Secretary Local Government and 6 others
Law: Sindh Local Government Act, ( XLII of 2013)
Section: 11,18,138,141,155
Law: Constitution of Pakistan, 1973
Section: 32,140-A,142,199,218,219,222
Law: Delimitation of Constituencies Act, 1974
Section: 5,8,9
(a) Interpretation of statutes--- ----Amendments in a statutes---Scope---Legislature in its wisdom can bring certain amendments in statute---Such amendments are fully protected unless found to be offensive and inconsistent to Articles of the Constitution. (b) Sindh Local Government Act ( XLII of 2013)--- ----Ss. 11, 18, 138, 141 & 155---Delimitation of Constituencies Act (XXXIV of 1974), Ss. 5, 8 & 9---Sindh Government Notification RO(LG/ Misc/4(18)/2013, dated 26-9-2013---Constitution of Pakistan, Arts.32, 140-A, 142, 199, 218, 219 & 222---Constitutional petition---Delimitation of union councils---Election Commission, jurisdiction of---Petitioners were aggrieved of delimitation of union councils by Sindh Government, prior to Local government elections---Plea raised by petitioners was that Election Commission of Pakistan was the only competent authority to conduct process of delimitation of union councils---Validity---Provincial Government announced delimitation process under Sindh Local Government Act, 2013 and issued notification dated 26-9-2013---Provincial Government also issued Guidelines for Delimitation Authorities, which addressed different aspects of delimitation process and general public was also provided a mechanism to file their objections before Delimitation Officers and another appellate forums in shape of Election Tribunals had been provided for redressal of grievance---Provincial Government had lawful authority to deal with the subject of delimitation of Local Government constituencies particularly when opportunity of inviting objections as well as appellate forum had been provided to aggrieved persons, and the same was also in compliance of the principles of natural justice that no one should be condemned unheard---"To hold election by Election Commission" as envisaged in the Constitution covered process of issuance of notification of election, filing of nomination papers by candidates, examination of validity of candidates as per filed forms according to relevant laws, withdrawal of candidature of candidate, availability of election material and also to ensure all other necessary arrangements to complete entire process of election…
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