| Citation(s) |
|---|
| 2019 SLG 169 2019 SLD 169 2019 SCMR 52 |
Supreme Court of Pakistan
Civil Petitions Nos. 731-K and 732-K of 2018, decision & hearing Dated: 07-09-2018. (On appeal against the judgment Dated 11.6.2018 passed by the High Court of Sindh, 44 Circuit Court, Hyderabad in C.Ps. Nos. D-644 and 1093 of 2018)
MUSHIR ALAM, FAISAL ARAB, JUSTICE SAJJAD ALI SHAH, JUSTICE
Petitioner(s) by: Farooq H. Naek, Senior Advocate Supreme Court (in both cases).
Respondent(s) by: Khalid Javed, Advocate Supreme Court and Ghulam Rasool Mangi, Advocate-on-Record Sibtain Mehmood, AAG along with Najab Bhatti for Province of Sindh. Khal
Civil Petitions Nos. 731-K and 732-K of 2018, decision & hearing Dated: 07-09-2018. (On appeal against the judgment Dated 11.6.2018 passed by the High Court of Sindh, 44 Circuit Court, Hyderabad in C.Ps. Nos. D-644 and 1093 of 2018)
MUSHIR ALAM, FAISAL ARAB, JUSTICE SAJJAD ALI SHAH, JUSTICE
Petitioner(s) by: Farooq H. Naek, Senior Advocate Supreme Court (in both cases).
Respondent(s) by: Khalid Javed, Advocate Supreme Court and Ghulam Rasool Mangi, Advocate-on-Record Sibtain Mehmood, AAG along with Najab Bhatti for Province of Sindh. Khal
MUHAMMAD UMAR PANHWAR AND OTHERS
VS
PROVINCE OF SINDH AND OTHERS
Law: Sindh Local Government Act, ( XLII of 2013)
Section: 24,80(2)
Sindh Local Government Act (XLII of 2013)--- ----Ss. 24 & 80(2)---Office of Chairman, Municipal Committee---Vacancy due to death of Chairman---Whether Vice Chairman could perform functions and powers of deceased Chairman in terms of S.80(2) of the Sindh Local Government Act, 2013---During absence of Chairman from Pakistan or for any other cause that precluded him to exercise his powers or functions, the Deputy Mayor or as the case may be Vice-Chairman could exercise such powers---Such delegation of powers was under the provisions of subsection (2) of S. 80 of the Sindh Local Government Act, 2013, and was by operation of law for which no Notification was required to be issued by the Government---However, the said Act did not cater for a situation or provide any mechanism when a vacancy occurred on account of a demise of the Mayor, Chairman or a Vice Chairman or Member of the Union Council or Union Committee---Only possibility open to court in such a situation was to direct the Election Commission to hold free and fair election to the office of the Chairman and at the same time to take measures to hold the election to the seat of Chairman, Municipal Committee---Petitions for leave to appeal were converted into appeals and allowed accordingly. THIS JUDGMENT DELIVERED BY: MUSHIR ALAM, JUSTICE:---.--- Present petitioner-Muhammad Umar Panhwar, Member of Municipal Committee, Dadu has impugned common order dated 11.6.2018 passed by learned High Court of Sindh, Circuit Court, Hyderabad in C.Ps. Nos. D-644 and 1093 of 2018 whereby through Notification dated 7.3.2018 earlier Notification recalling dated 5.3.2018 entrusting function of Chairman M.C. Dadu to Ahmed Nawaz Solangi Vice-Chairman (Respondent No.5 herein) was kept in abeyance and Notification through another dated 12.4.2018 assigned the functions of the Chairman, Municipal Committee, Dadu to respondent No.5 Muhammad Umar Panhwar were set aside and directed that Ahmad Nawaz, Vice Chairman is entitled to perform function and discharge the power of the Chairman, Municipal Committee in terms of subsection (2), section 80 of the Sindh Local Government Act, 2013. 2. Brief facts in nutshell appear to be that Gul…
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