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

Section: 26,28

(a) Sindh Local Government Act (XLII of 2013)--- ----Ss. 26 & 28---Resignation to be notified---Withdrawal of resignation---Scope---Petitioner, however, sought a declaration to the effect that he had not tendered resignation from the Chairmanship of Union Council---Petitioner, however, admitted that he had tendered resignation from the said post and had signed resignation letter, but took the plea that the resignation letter was not delivered to the competent authority and that the original letter of resignation was retained by him and photocopy of the same was kept in his office, which photocopy was posted by someone without his knowledge and consent---Validity---Such assertion of the petitioner was not tenable for the reason that his basic intention was to resign from the public office---Petitioner had verified the contents of resignation letter by putting a note in local language to the effect that it was written by him and it bore his signature---Nothing was said as to whether the resignation letter was managed one, rather its contents were admitted---Petitioner was precluded from asking its withdrawal or taking the plea that he had not tendered the same---Section 26 of the Sindh Local Government Act, 2013 left no room for any doubt or ambiguity as to the fact that once resignation was accepted, it could not be withdrawn subsequently and "shall" be deemed to have been accepted and the Election Commission was required to issue notification under S.28 of Sindh Local Government Act, 2013 and conduct election under S.36 of Sindh Local Government Act, 2013 on the vacant seat---Petitioner had voluntarily tendered his resignation had remained mum and after lapse of four months of its acceptance by the competent authority had taken somersault which was against the scheme of law, hence he could not ask for its withdrawal, which was duly accepted and acted upon---Petitioner was rightly stopped from performing as Chairman of Union Council by the Chief Election Commissioner---Constitutional petition was dismissed. (b) Public official--- ----Resignation from public office---Scope---Offer of resignation from the public office can be withdrawn at any time before it is…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492