Law: Sindh Local Government Ordinance (XXVII of 2001)

Section: 24,24(1)(2)(3)(4)(7)

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Local Government Ordinance (XXVII of 2001)--- ----S.24---Constitution of Pakistan (1973), Art.199---Constitutional petition---No-confidence motion---Re-calling of Zila Nazim---Quorum--On the request of respondents session of Zila Council was summoned so that no-confidence motion could be moved against Zila Nazim---Due to incomplete quorum, the session was adjourned---Validity---No stage for such action had come as the condition of required presence of members was not fulfilled---No proof was available to show that notices were issued to all members of council---No proof existed to show that the notices had been received by all members of Zila Council---Council being not in session, the notices to the members of Zila Council were required to be served upon them enabling them to attend the session---Out of 65 members only 7 members attended the session of whom two were proposer and seconder---No minutes of such session were placed on record---Mandatory requirement under S.24(7) of Sindh Local Government Ordinance, 2001, was that Zila Nazim had the right to address the members in his defence---Mere attendance of 7 members out of 65 would not give rise to presumption that motion for recalling Zila Nazim had automatically failed---Mandatory legal requirements as provided under S.24 of Sindh Local Government Ordinance, 2001, for recalling of Zila Nazim had to be fulfilled which were lacking in the case---No illegality had been committed in adjourning the session of Zila Council---Constitutional Petition was dismissed in circumstances. PLD 2005 Kar. 384; Roshan Din v. 2007 CLC 844 and 1993 CLC 931 ref. THIS ORDER PASSED BY: DR. RANA MUHAMMAD SHAMIM, J.--- Learned counsel for the petitioner submits that the petitioner is elected Zila Nazim of District Government Sukkur. Due to political rivalry respondents Nos. 2 and 3 have been prompted to issue notice on 26-2-2008 to the respondent No.1 under section 24(1) of the Sindh Local Government Ordinance, 2001 for recall of the petitioner on the post of Zila Nazim on the various allegations, i.e., that no improvement in governance was made by the Zila Nazim. Both the respondents Nos. 2 and 3 requested respondent No.1 to…

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