Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 68,156(6),70(B),156(5),148,164,150,2(xxi v)(xxiii),160(1),159(2)

(a) Punjab Local Government Ordinance (XIII of 2001)--- ----Ss. 156(6), 48 & 68---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Election of officiating Nazim---Procedure---Officiating Nazim can neither be removed, nor there is any provision for the election of another officiating Nazim, in his place---Subsequent election of officiating Nazim and recall of elected officiating Nazim, is in conflict with the law and thus has no sanctity--Principles. Section 68 of Punjab Local Government Ordinance, 2001 provides that when the office of Town Nazim falls vacant, officiating Town Nazim is elected till a new Nazim is elected, under section 156(5) of Ordinance, 2001. Section 156(5) of the Ordinance provides for filling of the vacancy of Town Nazim through by-election, within 120 days of the occurrence of the vacancy in terms of section 148. In the present case period of 120 days, lapsed in the month of March, 2008 but despite the lapse of six months, no date of election had been announced by the Election Commission of Pakistan. The authority for Local Government Elections within the contemplation of section 150 was the Chief Election Commissioner, who had to issue notification under section 164 of Ordinance, 2001. The election of officiating Nazim, as against the election of Nazim, was conducted under section 156(6) read with sections 48 and 68 of the Ordinance. The election was not conducted by Chief Election Commissioner, nor the electoral college elected the officiating Nazim. It was a stopgap arrangement where an additional charge was entrusted to one of the members of the council for a specified period. Such member retained his membership besides his office as officiating Nazim. The only condition imposed upon such person was that he was debarred from taking part in the election of office of Nazim Election of Nazim and Naib Nazim was conducted by the Election Commission of Pakistan, while election for officiating Nazim, such power vested with the Council. Conduct of election, terms of office, electoral college and procedure for election of Nazim and officiating Nazim was altogether different. The officiating Nazim could not be equated…

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