2017 PLP 1174 (YLR)
ABDUL LATEEF SHAIKH — Petitioner Versus PROVINCE OF SINDH and 5 others — Respondents
| Citation | 2017 PLP 1174 (YLR) |
| Forum / Court | Sindh |
| Bench Members | Nadeem Akhtar and Muhammad Faisal Kamal Alam, JJ |
| Parties | ABDUL LATEEF SHAIKH — Petitioner Versus PROVINCE OF SINDH and 5 others — Respondents |
| Primary Law | Sindh Local Government Act (XLII of 2013) |
Q1: What are the key laws and sections cited in 2017 PLP 1174 (YLR)?
This judgment primarily cites: Sindh Local Government Act (XLII of 2013) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 1174 (YLR)?
The case was heard and decided by the Sindh bench comprising: Nadeem Akhtar and Muhammad Faisal Kamal Alam, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 1174 (YLR) (ABDUL LATEEF SHAIKH — Petitioner Versus PROVINCE OF SINDH and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Ghulam Shabbir Shah for Petitioner.
- Abdul Wahab Baloch and S.M. Shuja Abbas for Respondent No.6.
Headnotes / Summary
Ss. 37 & 18-A
Sindh Local Councils (Election) Rules, 2015, R. 47
Election on reserved seats of Municipal Committee when one of its General Member seats was vacant
Effect
Election Commission issued election programme on reserved seats prior to conducting election for one of the General Member Seats of the Municipal Committee
Filling up of indirect seat in Municipal Committee at such stage with the present party position in the said Municipal Committee would be an exercise in futility
Entire composition of the Municipal Committee would be disturbed and calculation/ declaration of share of each political party on the basis of their present strength would be an erroneous exercise
Electors of the subject Committee would be deprived of electing member on the reserved seats through their duly elected members
Election of subject Ward of Municipal Committee should be held first before electing members on reserved seats in the said Committee
Political party enjoying a majority in the Municipal Committee should be given a fair opportunity to elect a Chairman and Vice-Chairman of that Committee
Nothing was on record as to why election was not conducted on the subject Ward of the Committee when same was lying vacant for the last six months
Composition of Electoral College should have been completed before issuing the impugned election programme
Impugned notification was declared to have been issued in excess of authority and same was set aside
Constitutional petition was accepted in circumstances. 2004 CLC 867 and Muhammad Nawaz Shareef v. Federation of Pakistan PLD 1993 SC 473 ref. Mukesh Kumar G. Karara, Addl. A.G. Dilawar Hussain, Standing Counsel and Abdullah Hanjrah, Law Officer of ECP.