Law:

Section: 16 , 58

Sindh Local Government Ordinance (XII of 1079)-- ---- Ss. 16 & 58 --- Constitution of Pakistan (1973), Art.199 --- Constitutional petition --- Maintainability---Removal of tonga stand --- Validity --- Removal of tonga stand from a particular place by Municipal Corporation was challenged by petitioner/General Secretary of tonga Union, contending that facility of parking tongas at particular place enjoyed by him since long could not be taken away by Municipal Corporation which had been superseded under S.58 of Sindh Local Government Ordinance, 1979 and all its funds' and properties including tonga stand had been vested with Government ---Petitioner, thus, claimed that Municipal Corporation which had been superseded, had no authority to remove tonga stand without permission of Government --- According to notification issued by Government, Municipal Corporation was not superseded under S.58 of Sindh Local Government Ordinance, 1979 but was dissolved by Government in exercise of powers conferred under proviso to S.16(2) of Sindh Local Government Ordinance, 1979---Contention of petitioner that funds and properties of Municipal Corporation vested with Government, thus had no force --- Petitioner having failed to point out any provision of law putting restraint on removal of tonga stand from site in question or entitling petitioner to park tongas thereat, Constitutional petition challenging removal of tonga stand from site in question, was not maintainable. Nizamuddin Baloch for petitioner Abdul Ghani Shaikh Addl A.-G and Abdul Sattar Chohan for Respondent No.2. Abdul Naeem for Respondents Nos. 4 and 5 ORDER By this petition the petitioner who claims to be General Secretary-of Tonga Union, Sukkur, calls into question the decision of the respondent Nos. I and 2 to remove the tonga stand situated at the Clock Tower, Sukkur. Mr. Nizainuddin Baloch learned counsel for the petitioner submits that the petitioner and other tonga owners were enjoying the facility of parking tonga at the Clock Tower Tonga Stand since long but recently the respondents No. 1 and 2 acting illegally and without lawful authority have removed the Tonga stand from there and have constructed…