| Citation(s) |
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| 2024 SLG 5939 2024 SLD 5939 = 2024 PLD 284 |
Sindh High Court
Constitutional Petition No. D-180 of 2023, decided on 24th May, 2023.
Before Irshad Ali Shah and Arbab Ali Hakro, JJ
Ashfaque Hussain Abro for Petitioner. Zulfiqar Ali Domki for
Respondent No.4. Habibullah G. Ghouri for
Respondent No.6. Abdul Hamid Bhurgri, Addl. Advocate General Sindh.
Constitutional Petition No. D-180 of 2023, decided on 24th May, 2023.
Before Irshad Ali Shah and Arbab Ali Hakro, JJ
Ashfaque Hussain Abro for Petitioner. Zulfiqar Ali Domki for
Respondent No.4. Habibullah G. Ghouri for
Respondent No.6. Abdul Hamid Bhurgri, Addl. Advocate General Sindh.
MUHAMMAD UMAR SHAIKH---Petitioner
VERSUS
The SECRETARY LOCAL GOVERNMENT, KARACHI and 6 others--- Respondents
Law: Sindh Local Government Act, ( XLII of 2013)
Section: 21(3)
Law: Constitution of Pakistan, 1973
Section: 199
Sindh Local Government Act (XLII of 2013)-------S. 21(3)---Constitution of Pakistan Art. 199---Constitutional petition---Quo warranto, writ of---Administrator, District Council---Acting charge appointment--Petitioners assailed appointment of respondent as Administrator on acting charge basis---Validity---Provisional and transitional measures under S. 21(3) of Sindh Local Government Act, 2013, were implemented in the form of designating responsibility of Administrator for District Council concerned to respondent until the duly-elected Council would assume office---Notification in question was lawfully issued in adherence to the provision outlined in S. 21(3) of Sindh Local Government Act, 2013---High Court declined to interfere in the matter as the petition did not qualify for the test for issuance of a writ of quo warranto--Respondent held the post of Administrator, District Council on an acting charge basis, i.e., as a temporary and stopgap arrangement---Constitutional petition was dismissed, in circumstances.Province of Sindh and others v. Ghulam Fareed and others 2014 SCMR 1189; Khan Muhammad v. Chief Secretary, Government of Balochistan Quetta and others 2018 SCMR 1114 and Bank of Punjab v. Haris Steel Industries (Pvt.) Ltd. PLD 2010 SC 1109 rel.Date of hearing: 17th May, 2023.ORDERARBAB ALI HAKRO, J.---Through instant petition which is filed under Article 199(1) (b) (ii) of the Constitution of Islamic Republic of Pakistan, 1973, the Petitioner has challenged Notification No.SLGD/ SLGB/SECY/ 2023/072, dated 02.3.2023 ("impugned Notification") issued by the Government of Sindh, Local Government Department (Sindh Local Government Board), whereby respondent No.6/Mr. Sadique Ali Laghari (BPS-18/Council Employee) has been appointed as Administrator, District Council Kashmore at Kandhkot, subject to verification of his service profile, relieving Deputy Commissioner, Kashmore atKandhkot/respondent No.4 from the additional assignment.2. Following the notice, Respondents Nos. 1,…