2007 PLP 1907 (MLD)
ABDUL KHALIL — Petitioner Versus FURQAN ANSARI and 4 others — Respondents
| Citation | 2007 PLP 1907 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ABDUL KHALIL — Petitioner Versus FURQAN ANSARI and 4 others — Respondents |
| Primary Law | Sindh Local Government Ordinance (XXVII of 2001) |
Q1: What are the key laws and sections cited in 2007 PLP 1907 (MLD)?
This judgment primarily cites: Sindh Local Government Ordinance (XXVII of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1907 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1907 (MLD) (ABDUL KHALIL — Petitioner Versus FURQAN ANSARI and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Wahab, Advocate, Abbas Ali., A.A.-G., Nadeem Azhar, D.A.G., Manzoor Ahmed, Advocate for City District Government for Respondent No. 1.
- This petition has been filed seeking a declaration that the officiating Nazim once elected wider section 156 of the Sindh Local Government Ordinance, 2001 can retain his seat till he enjoys the majority of the Union Council. They have further sought many other declarations. Notice has been issued and respondent No. 1 is available in Court along with .his Advocate. He has also produced a photo-copy of an order, dated 10-10-2003 passed by M. N. Abbas, Director-General. Provincial Local Government Commission, Govern ment of Sindh wherein he has stated that as per the decision of the Provincial. Local Government Commission in the meeting held on 30-9-2003 Furqan Ansari, respondent No.1 herein, may continue as officiating Nazim of UC-6 Hakeem Ahsan, North Karachi Town, Karachi.
Headnotes / Summary
S.156(4)
Constitution of Pakistan (1973), Art.199
Constitutional petition
Post of Union Council Nazim fell vacant and more than 120-days had passed, but bye-election for said vacancy had not been held
Section. 156(4) of Sindh Local Government Ordinance, 2001, provided that .vacancy of Union Nazim or Union Naib Nazim had to be filled in by holding a bye-election within 120-days of the occurrence of the vacancy
Provincial Election Commissioner was directed to hold bye-election for Union Council Nazim within specified period
Mandatory provision of law had to be strictly adhered to.
Judgment & Decree
This petition has been filed seeking a declaration that the officiating Nazim once elected wider section 156 of the Sindh Local Government Ordinance, 2001 can retain his seat till he enjoys the majority of the Union Council. They have further sought many other declarations. Notice has been issued and respondent No. 1 is available in Court along with .his Advocate. He has also produced a photo-copy of an order, dated 10-10-2003 passed by M. N. Abbas, Director-General. Provincial Local Government Commission, Govern ment of Sindh wherein he has stated that as per the decision of the Provincial. Local Government Commission in the meeting held on 30-9-2003 Furqan Ansari, respondent No.1 herein, may continue as officiating Nazim of UC-6 Hakeem Ahsan, North Karachi Town, Karachi.
2. According to petitioner the post of Nazim became vacant on 23-8-2002. Till that no elections have been held, and therefore, the officiating Nazim is carrying on.
3. According to section 156(4) of the Sindh Local Government Ordinance, 2001 the vacancy of Union Nazim or Union Naib Nazim has to be filled in by holding a bye-election within 120 days of the occurrence of the vacancy. More than 120 days have passed and still the bye-elections have not been held. We would, therefore, dispose of this petition with a direction to the Provincial Election Commissioner Sindh to hold bye-elections for the post of Union Council Nazim within two months hereof. This is a mandatory provision of law and, therefore, it has to be strictly adhere to.
4. Till as such time the elections-are held and the post is filled up the officiating Nazim shall not interfere in the affairs of the Union Council. H.B.T./A-89/K Order accordingly.