| Citation(s) |
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| 2025 SLG 4145 2025 SLD 4145 = 2025 CLC 778 |
Sindh High Court
Constitution Petition No. D-1438 of 2022, decided on 24th March, 2023.
Before Ahmed Ali M. Shaikh, C.J. and Yousuf Ali Sayeed, J
Mian Raza Rabbani, Salim Salam Ansari, Zeeshan Abdullah, Adnan Abdullah and Sidra Hussain for Petitioners. Sandeep Malani, Asstt. Advocate General, Sindh along with Saleem Shaikh, Assistant Commissioner on behalf of Administrator /DC, Mirpurkhas for
Respondent No. 1. Abdul Rauf Arain for
Respondent No. 3. Muhammad Nishat Warsi for
Respondents Nos. 4 and 5. Salahuddin Ahmed and Nadeem Ahmed for
Respondents Nos. 6 to 12.
Constitution Petition No. D-1438 of 2022, decided on 24th March, 2023.
Before Ahmed Ali M. Shaikh, C.J. and Yousuf Ali Sayeed, J
Mian Raza Rabbani, Salim Salam Ansari, Zeeshan Abdullah, Adnan Abdullah and Sidra Hussain for Petitioners. Sandeep Malani, Asstt. Advocate General, Sindh along with Saleem Shaikh, Assistant Commissioner on behalf of Administrator /DC, Mirpurkhas for
Respondent No. 1. Abdul Rauf Arain for
Respondent No. 3. Muhammad Nishat Warsi for
Respondents Nos. 4 and 5. Salahuddin Ahmed and Nadeem Ahmed for
Respondents Nos. 6 to 12.
Syed ANWAR ALI SHAH and 8 others ---Petitioners
VERSUS
PROVINCE OF SINDH through Chief Secretary, and 11 others ---Respondents
Law: Sindh Local Government Act, 2013
Section: LIII,8,10,13,17
Law: Constitution of Pakistan, 1973
Section: 199
Sindh Local Government Act (LIII of 2013)-------Ss. 8, 10, 13 & 17 [as amended by Sindh Local Government (Amendment) Act, 2015]---Constitution of Pakistan, Art. 199---Constitutional petition--Recategorization of Municipal Committee---Objections, non-filing of---Factual questions---Geography, topography and demography---Determination---Petitioners assailed notification issued by authorities upgrading status of Municipal Committee into Municipal Corporation---Objections were invited via publication in various newspapers---Petitioners did not participate on the ground that publication had appeared in obscure newspapers and envisaged short timeframe---Validity---This was not a sufficient cause to strike down notification in question---Questions pertaining to geography, topography and demographics of Deh (villages) raising factual questions could not be properly determined in proceedings under Constitutional jurisdiction---High Court declined to interfere in the notification recategorizing Municipal Committee in question---Constitutional petition was dismissed, in circumstances.MQM and others v. Province of Sindh and others 2014 CLC 335; Government of Sindh v. MQM and others PLD 2014 SC 531 and Civil Petitions Nos. 841-K of 2022 and 2843 of 2022 ref.Date of hearing: 27th October, 2022.ORDERYOUSUF ALI SAYEED, J.---The Petition impugns Notification Nos. RO(LG)/Misc./4(20) / 2021 dated 13.12.2021 and RO(LG)/E.Com/ 14(03/2021 dated 31.12.2021 (hereinafter referred to collectively as the ("Impugned Notifications") issued by the Government of Sindh (the "Government") under the Sindh Local Government Act, 2013 (the "2013 Act"), as amended vide the Sindh Local Government (Amendment) Act, 2015.2. Through the first of those Notifications, the Municipal Committee Mirpurkhas was upgraded to the status of a municipal corporation, namely the Municipal Corporation Mirpurkhas (the "Corporation"), and a total of 16 Dehs, including Deh Phadro, Mubarak, 107-A, Kaak, Manjri and Khandar the "Subject Dehs"), which had earlier been part of either UC Dolatpur, UC Kaak or UC Makhan Samoon, as were in turn a part and parcel of Taluka Shujabad ("Shujabad"), were…