Case Details

Citation(s)
2004 SLG 1846 2004 SLD 1846 2004 CLC 867
Sindh High Court
Constitution Petition No. D-665 of 2003, decision dated: 31st October, 2003.
ZAHID KURBAN ALVI AND MAQBOOL BAQAR, JJ

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Syed ALI MURAD SHAH and others

VS

FEDERATION OF PAKISTAN and others

Law:

Section:

(a) Sindh Local Government Ordinance (XXVII of 2001)---------Preamble---Local Government system---Concept---Local Government system envisages participation of local population in Local Government and it is with the same spirit that the present system of Local Government has been evolved, as codified by Sindh Local Government Ordinance, 2001. (b) Sindh Local Government Ordinance (XXVII of 2001)----- ----S. 148---Local Bodies elections---Procedure---Electoral college, constitution of---Elections of members of Union Council including Union Nazim and Naib-Nazim are based on adult franchise and through separate electorate ---Zila Nazim, Naib Zila Nazim and the Council members for reserved seats of women, peasants, workers and minorities in Zila Council are to be elected through electoral college, constituted of all the members of Union Councils in the District, including Union Nazim and Naib Union Nazim---Electoral college for elections of Taluka Nazim, Town Nazim, Taluka Naib-Nazim and Town Naib-Nazim and reserved seats of women, peasants, workers and minorities in Taluka Council and Town Councils are required to be elected through an electoral college constituted of all the members of the Union Council in Taluka or as the case may be, town including Union Nazim and Naib Union Nazim. (c) Sindh Local Government Ordinance (XXVII of 2001)----- ----S. 156(3)(a)---Local Bodies bye-elections---Limitation---. Computation---Period of one year for bye-elections under S.156(3)(a) of Sindh Local Government Ordinance, 2001, has to be computed from the date of assumption of the office of the Council ---In the year in which general elections are to be held bye-elections may be held within 18 months. (d) Sindh Local Government Ordinance (XXVII of 2001)--- ----S. 156---Local Council vacant seats, election to---Principle---Vacant seat of a member of Council is to be filled up through bye-elections, essentially within a period of one year---Such period of one year may be extended to 18 months, in the event only, where general elections are to be held during the relevant year---Election for vacant seats of a Council can be delayed for a period up to 18 months and that too upon a…
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