Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Local Government Ordinance (XXVII of 2001)

Section: 197,ChapterXIV,127,128,129,130,131,132,1 33,ChapterIII,18,ChapterV,54,51,62,63

Sindh Local Government Ordinance (XXVII of 2001)-------Ss. 128, 129, 130, 131, 132 & 133---Constitution of Pakistan (1973), Art.199---Constitutional petition---Inquiry against Nazim---Allegation of corruption---Petitioner was Taluqa Nazim and Provincial Government directed District Coordination Officer (DCO) to initiate inquiry against him--Validity---Inquiry initiated by District Coordination Officer (DCO) with reference to allegations of corruption was not rightly assigned to him, which had not yet materialized---Matter could only be adjudicated by inquiry committee and not by District Coordination Officer---Petitioner had rightly contended that such action against him was to keep him away from his office and the same was based upon mala fides---Validity---Even if there was any substance in the allegations against petitioner the procedure provided for that purpose under law should be followed and matter referred to relevant quarters for holding an inquiry---Order passed by authorities for holding inquiry was declared without lawful authority and of no legal effect---Petition was allowed in circumstances. Muhammad Shahid Alam v. The Provincial Local Government Commission and others 2004 MLD 2010 rel. Naeem Iqbal for Petitioner. Shafi Muhammad Memon, Addl. A.-G. for Respondents. ORDER MRS. QAISER IQBAL, J.---Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner Muhammad Aslam Rahu elected as Taluka Nazim of Taluka Fazal Rahu, District Badin, has challenged the order of the respondent No.1 directing the respondent No.2 District Coordination Officer (DCO) to hold an enquiry on the basis of allegations levelled by the respondents Nos.3 and 4 pertain to the alleged lease granted in the year, 2005 to his favorite person thereby violated the rules and regulations. It is averred that sensing political defeat after recall motion against the petitioner was turned down and the State machinery became operational in order to suspend the petitioner by holding an enquiry, which has been initiated by the rival group. The Chief Minister has unlawfully initiated the enquiry through DCO, Badin, who has no power to…

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