Law:

Section:

(a) Interpretation of statutes--------- ----------Rules framed under statute---------Scope---------Rules made or framed under statute cannot override provisions of the statue under which they were made or framed and on which their very existence is dependent. National Electric Power Regulatory Authority v. Faisalabad Electric Supply Company Limited 2016 SCMR 550; Suo Motu Case No.11 of 2011, PLD 2014 SC 389; Mst. Ummatullah through attorney v. Province of Sindh through Secretary Ministry of Housing and Town Planning Karachi and 6 others PLD 2010 Kar. 236; Mushtaq Ali Shah v. N.E.D. University of Engineering and Technology. Karachi and 3 others 2010 PLC (C.S.) 392; Abdul Sattar Chughatai Malik v. Pakistan Bar Council through Secretary and another PLD 2007 Lah. 170 and Hirjina Salt and Chemicals (Pak.) Ltd., Karachi v. The Union Council, Gharo and another PLD 1972 Kar. 145 rel. (b) Sindh Local Government Act (XLII of 2013)--------- ----------S. 33---------Sindh Local Councils (Elections) Rules, 2015, R.42(A)---------National Assembly and Provincial Assemblies Allocation of Reserved Seats of Women and non-Muslims (Procedure) Rules, 2002, R.3---------Joining of political party---------Petitioners were returned candidates and their grievance was that their right to join a political party of their choice could not be denied, restricted or curtailed by virtue of a subordinate legislation---------Validity---------Provision of R.42(A) of Sindh Local Councils (Elections) Rules, 2015 assailed by petitioners whereby their statutory right under S.33 of Sindh Local Government Act, 2013 had been affected, was of no legal effect in view of order passed by Supreme Court and same was ultra vires the parent statute and notification in respect thereof was coram non judice---------Provisions of R.3 of National Assembly and Provincial Assemblies Allocation of Reserved Seats of Women and non-Muslims (Procedure) Rules, 2002 was also a subordinate legislation and same was not tenable on same principle on which R.42(A) of Sindh Local Councils (Elections) Rules, 2015 had been held to be ultra vires---------High Court declared provision of R.42(A) of Sindh Local Councils (Elections)…