Case Details

Citation(s)
2006 SLG 1920 2006 SLD 1920 2006 CLC 20
Sindh High Court
C.Ps. Nos.D-876 and 877 of 2005, decision dated: 19-08-2005.
SABIHUDDIN AHMED, C.J. AND MUHAMMAD AFZAL SOOMRO, J

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ZULFIQAR ALI KHAN and anothers

VS

DISTRICT GOVERNMENT, GHOTKI AT MIRPUR MATHELO and others

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Maintainability---Alternate and efficacious remedy---Failure to read a particular newspaper or official gazette---Effect---At times High Courts have declined to exercise constitutional jurisdiction when alternate equally efficacious remedy had not be availed of---Such rule, however, is not an inflexible and jurisdiction can be exercised when impugned order is without jurisdiction and alternate remedy is not efficacious---In absence of personal notice, an aggrieved person cannot be non-suited merely because of his failure to read a particular newspaper or official gazette. (b) Sindh Local Government Ordinance (XXVII of 2001)--- ----Ss. 6 & 11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Limits of Union Council, changing of---Objections---Locus standi---Whenever it is alleged that Union Councils are created to give greater representation to residents of a particular area within a district and thereby reduced the representative capacity of residents of other areas in violation of law, every resident has locus standi to question the dispensation---Electoral college for Nazim and Naib Nazim of district consists of members of a Union Council and increase in some areas would affect voting strength of those residing in others. (c) Sindh Local Government Ordinance (XXVII of 2001)--- ---Ss. 6, 11 & 159---Constitution of Pakistan (1973), Art.199---Constitutional petition---Territorial limits of Union Council---Alteration---Jurisdiction of Union Council---Zila Council, role of---Zila Council, in its meeting, passed a resolution proposing creation of 3 new Union Councils---Petitioner assailed the notification of creation of new Union Councils and re-demarcation of existing Union Council on the ground that Zila Council did not have any jurisdiction to pass resolution in such respect---Validity---Proposal for alteration of territorial limits was to be made by Union Councils or Taluka Councils as the case might be---Union Council, under S.11 of Sindh Local Government Ordinance, 2001, could act on two occasions before a proposal was made to Government---In first…
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