Law:

Section:

(a) Sindh Local Government Ordinance (XXVII of 2001)----Ss. 24 & 42---Constitution of Pakistan (1973), Art.185(3)---Recall of a Zila Nazim---Procedure---Provision of S.24, Sindh Local Government Ordinance, 2001 is mandatory and requires that recall motion must be considered and put for voting in terms of S.24(3) & (4) of the Ordinance---If the motion would be adjourned without putting for voting, same would be deemed to be pending for consideration---Bye-laws of Zila Council framed under S.42 of the Ordinance for the purpose of regulating the business of House cannot override the statutory provisions and S.24 of the Ordinance containing procedural as well as substantive provisions on the subject would prevail, therefore, there would be no legal effect of the bye-laws by virtue of which quorum for a special or urgent meeting is not necessary---No adverse action having been taken against Zila Nazim in the recall motion and same having been adjourned was still pending for consideration---Principles. Section 24 of the Sindh Local Government Ordinance, 2001 would show that this is mandatory requirement of law that recall motion must be considered and put for voting in terms of subsections (3) and (4) of section 24 of the Ordinance and if the motion is adjourned without putting same on voting, it would be deemed to be pending for consideration. The bye-law of Zila Council framed under section 42 of the Ordinance for the purpose of regulating the business of House cannot override the statutory provisions and section 24 of the Ordinance containing procedural as well as substantive provisions on the subject would prevail, therefore, there would be no legal effect of the bye-laws by virtue of which quorum for a special or urgent meeting is not necessary. In the present case the motion was moved in accordance with law and proceedings of the House were not adjourned in breach of any provision of law invalidating the recall motion, therefore, putting off the motion to another date for consideration, neither caused any prejudice to the petitioner nor it offended any law and consequently, the petitioner without pointing out any illegality in the proceedings, could not…

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