2007 PLP 105 (SCMR)

JAVED IQBAL, J.

Heard Syed Ayaz Zahoor, learned Advocate Supreme Court on behalf of petitioner, Mr. Salahuddin Mengal, learned Advocate-General, Balochistan for official respondents and Mr. Kamran Murtaza, learned Advocate Supreme Court for officiating Nazim namely Mr. Abdul Raheem Kurd, scanned the entire record with their eminent assistance and perused the judgment impugned carefully. We are inclined to grant leave, inter alia, on the following points: (i) Whether the legal and factual aspects of the controversy have been appreciated in its true perspective by the learned High Court while dismissing the writ petition preferred on behalf of Sardar Naseer Ahmed Mossiani (petitioner)? (ii) Whether the genuineness and authenticity of the resignation allegedly tendered by the petitioner is above board or otherwise? (iii) Whether the Chief Minister had acted with diligent application of mind while exercising powers as conferred upon him under section 21 of the Balochistan Local Government Ordinance, 2001 and accepted the alleged resignation tendered by the petitioner? (iv) Whether the acceptance of resignation smacks of mala fides specially when a categoric denial was made for tendering such resignation on behalf of petitioner and published in different newspapers? (v) Whether the petitioner had performed his functions as Nazim after tendering the alleged resignation and it was in the knowledge of Provincial Government? (vi) Whether Sardar Naseer Ahmed Mossiani (petitioner) has any legal right to claim the seat of Nazim on the basis of Notification bearing No.5-41/2004(BLCEA)/Vol-VIII/26-92-2700, dated 12th May, 2006 whereby officiating charge of Nazim was given to him? (vii) Whether the judgment impugned is in consonance with law laid down by this Court in case Muhammad Munir-ul-Haq v. Muhammad Latif Chaudhry 1992 SCMR 2135 based on case-law enunciated in the following authorities:-- Farzand Ali v. Province of West Pakistan through Secretary Department of Agriculture, Government of West Pakistan, Lahore PLD 1970 SC 98; Gokaraju Rangaraju v. State of Andhra Pradesh AIR 1981 SC 1473; Secretary, Government of Punjab Food and Cooperation Department v. Shamoon Bahadur PLD 1979 SC 835; Province of Punjab through Deputy Director, Food Rawalpindi Region v. Muhammad Iqbal 1984 SCMR 334; Kuchwar Line and Stone Co. Ltd. v. Secretary of State AIR 1937 Pat. 65; Abraham Reuben v. The Karachi Municipality AIR 1929 Sindh 69; Union of India v. Gopal Chandra Misra AIR 1978 SC 694; Imtiaz Ahmad v. Ghulam Ali PLD 1963 SC 382; Khuda Bukhsh v. Khushi Muhammad PLD 1976 SC 208; Mst. Rehmat Bibi v. Punnu Khan 1986 SCMR 962, Muhammad Ibrahim Munshey v. Province of West Pakistan PLD 1968 SC 1; WAPDA v. Abdul Rashid Dar 1990 SCMR 1513; Province of Punjab v. Ikramul Haq 1986 SCMR 1994; Mazhar Ali v. Federation of Pakistan 1992 SCMR 435; Messrs MacDonald Layton Constrain Ltd. v. Punjab Employees Social Security Institution PLD 1991 SC 1055; Chairman District Screening Committee, Lahore v. Sharif Ahmad Hashmi PLD 1976 SC 258 and Messrs Mumtaz Industries v. IDBP PLD 1991 SC

729. The appeal be fixed at some early date and till its disposal the operation of Notifications bearing No.5-41/2004(BLCEA)/Vol-VIII/2636-46 dated 21st April, 2006 and No.5-41/2004(BLCEA)Vol-VIII-2692-2700 dated 12th May, 2006 shall remain suspended. M.H./N-16/SC??????????????????????????????????????????????????????????????????????????????????? Leave granted.