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

Section: 80(2)

(a) Sindh Local Government Act (XLII of 2013)--- ----S.80(2)----Functions and dominion of Chairman Municipal Committee assigned to Vice-Chairman---Compulsion or mandatory requirement to issue notification----Chairman unable to perform his duties personally due to his confinement in jail---Entrustment of his official responsibilities to Vice-Chairman to exercise powers and functions without notification under S.80(2) of the Sindh Local Government Act, 2013---Legality---Vice-Chairman in absence of the Chairman may perform his duties as Chairman in terms of S. 80(2) of the said Act without notification but all major and policy decisions would be taken subject to meaningful consultation with the Chairman in prison. (b) Sindh Local Government Act (XLII of 2013)--- ----S.80(2)----Chairman Municipal Committee incarcerated in jail---Right to be informed of up-date---Elected Chairman despite his confinement in jail as under trial prisoner had right to be acquainted with and up-to-date with the functions and performance of duties by all other office bearers of the Committee and employees which was concomitant to the proper working of Committee. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- This petition has been brought to challenge the Notification dated 27.03.2019, issued by Secretary to Government of Sindh, Local Government and Town Planning Department pursuant to subsection (2) of Section 80 of the Sindh Local Government Act, 2013 by dint of which the functions and dominion of the Chairman Municipal Committee Sanghar, District Sanghar have been assigned to Vice-Chairman, Municipal Committee Sanghar till decision of case pending in Anti-Terrorism Court, Shaheed Benazirabad against the petitioner and others. 2. The short and snappy facts of the case are that the petitioner was elected as Chairman Municipal Committee Sanghar, District Sanghar. The results were notified by the Election Commission of Pakistan on 29.08.2016 since then he was continuously performing his responsibilities as Chairman, elected on the party ticket of Pakistan Muslim League (Functional). It is further alleged that the petitioner, his relatives and other local workers of PML…

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