| Citation(s) |
|---|
| 2020 SLG 2588 2020 SLD 2588 2020 CLC 2063 |
Sindh High Court, Hyderabad Bench
Constitution Petitions Nos.D-7286 to D-7288, D-7384 toD-7389 of 2019, decided on 9th March, 2020, Dates ofhearing: 11th, 18-12-2019, 20th, 27-01-3rd, 10th and17-02-2020.
MUHAMMAD ALI MAZHAR, JUSTICE, AGHA FAISAL, JUSTICE
Petitioner(s) by: Tahseen A.H. Qureshi, Ms. Naveen Merchant, Ghulam Nabi Shar, Salman Yousuf Jhamat Jethanand, Safdar Hussain Leghari, Dilawar Qureshi for Interveners. Barrister Shabbir Shah, Additional Advocate-General and Barrister Jawad Dero, Additiona
Constitution Petitions Nos.D-7286 to D-7288, D-7384 toD-7389 of 2019, decided on 9th March, 2020, Dates ofhearing: 11th, 18-12-2019, 20th, 27-01-3rd, 10th and17-02-2020.
MUHAMMAD ALI MAZHAR, JUSTICE, AGHA FAISAL, JUSTICE
Petitioner(s) by: Tahseen A.H. Qureshi, Ms. Naveen Merchant, Ghulam Nabi Shar, Salman Yousuf Jhamat Jethanand, Safdar Hussain Leghari, Dilawar Qureshi for Interveners. Barrister Shabbir Shah, Additional Advocate-General and Barrister Jawad Dero, Additiona
PETITIONER(S): ABDUL RAUF NIZAMANI AND OTHERS
VS
RESPONDENT(S): ELECTION COMMISSION OF PAKISTAN THROUGH CHIEF ELECTION COMMISSIONER, ISLAMABAD AND OTHERSS
Law: Sindh Local Government Act, ( XLII of 2013)
Section: 27
(a) Precedent--- ----Judgment of equal Bench--- Principle--- Earlier of Division Bench of High Court, on same point is binding upon subsequent equal Bench. Multiline Associates v. Ardeshir Cowasjee 1995 SCMR 362 rel. (b) Sindh Local Government Act (XLII of 2013)--- ----S.27 [as amended by Sindh Local Government (Amendment) Act (V of 2019)]---No confidence motion--- Removal from office---Petitioners were aggrieved of notifications issued in pursuance of vote of no-confidence by simple majority whereby they were removed from their offices---Validity---From initiation of motion of no confidence and culminating in issuance of schedule for fresh election by Election Commission, petitioners failed to identify any infirmity---Challenge to notification for re-election was devoid of merit and de novo deliberation in respect of notifications in question were without merit---Constitutional petition was dismissed in circumstances. Lahore Development Authority v. Imrana Tiwana 2015 SCMR 1739; Province of East Pakistan v. Sirajul Haq Patwari PLD 1966 SC 854; Mehreen Zaibun Nisa v. Land Commissioner PLD 1975 SC 397; Kaneez Fatima v. Wali Muhammad PLD 1993 SC 901; Ellahi Cotton Mills Limited v. Federation of Pakistan PLD 1997 SC 582; Dr. Tariq Nawaz v. Government of Pakistan 2000 SCMR 1956; Mian Asif Aslam v. Mian Muhammad Asif PLD 2001 SC 499; Pakistan Muslim League (Q) v. Chief Executive of Pakistan PLD 2002 SC 994; Pakistan Lawyers Forum v. Federation of Pakistan PLD 2005 SC 719; Messrs Master Foam (Pvt.) Ltd. v. Government of Pakistan 2005 PTD 1537; Watan Party v. Federation of Pakistan PLD 2006 SC 697; Federation of Pakistan v. Haji Muhammad Sadiq PLD 2007 SC 133; Dr. Mobashir Hassan and others v. Federation of Pakistan and others PLD 2010 SC 265; Iqbal Zafar Jhagra v. Federation of Pakistan 2013 SCMR 1337; Mir Shabbir Ali Khan Bijarani and others v. Federation of Pakistan 7 others PLD 2018 Sindh 603; 2003 SCMR 370; 2005 SCMR 186; 2013 SCMR 642; PLD 2014 SC 389; 2014 CLC 335; Zila Council Jhelum v. Pakistan Tobacco Company Limited and another PLD 2016 SC 398; Fundamental Law of Pakistan at page 65; A.K. Brohi; Farooque Jameel v. Province of Sindh and others C.P. D-562 of…
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