Law: Sindh Local Government Act, ( XLII of 2013)

Section: 76,89

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Local Government Act (XLII of 2013)--- ----Ss. 76 & 89---Development plans---Recommendations by the Council---Scope---Petitioner sought a direction to the Chief Municipal Officer of the Municipal Committee to implement resolutions of the Council and release funds---Validity---Section 76 of Sindh Local Government Act, 2013 provided that Council was empowered to prepare and implement development plans---Section 89 of Sindh Local Government Act, 2013 provided that the Council could make recommendations to the Government and the later was under obligation to consider the recommendations of the Council and pass such order as it deemed appropriate in the circumstances of the case---Government had to give reasons for its refusal to accept the recommendations of the Council---Powers of Chief Municipal Officer were confined to the administrative matters and the resolution, if any, passed by the Council had to be approved first by the Government, thereafter certain directions could be given to the administrative officer to implement the directives of the Government---Approval of Government, in financial matters, was necessary and in the absence of that no scheme could be implemented---No direction, therefore, could be issued by the High Court to the respondents---Constitutional petition was dismissed. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Extraordinary and discretionary jurisdiction--- Scope--- Extraordinary jurisdiction of High Court could be invoked to encounter and collide with extraordinary situation---Jurisdiction conferred under Art. 199 of the Constitution was discretionary with the object to foster justice, in aid of justice and not to perpetuate injustice---Where it was found that substantial justice had been done between the parties then such discretion could be declined. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through the instant constitutional petition, the petitioner is seeking direction to the respondent No.4 to implement the Resolutions of the Council and release the funds of Honoraria of the Members of the Council/Municipal Committee Mirpurkhas as their travelling charges. 2. The…

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