1993 PLP 455 (MLD)

IMAM ALI G. KAZI, J.‑‑‑The petitioners herein received a notice i issued by one Allah Bakhsh Baloch, Vice‑Chairman, Conciliation Court Unit No.18, Deh Okewari, Union Council Gujru, District Karachi East requesting them to nominate a person to Conciliation Court in respect of some complaint pending before the Councillor and Chairman, Conciliation Court, Unit No.18, Gujru, District Karachi East. The petitioners have filed this petition to impugn the said notice (Annexure `A').

2. The petition has been filed impleading eight private persons alongwith Gujro Union Council and Government of Sindh. Out of the eight private persons respondent No.1 alone is a Councillor while respondent No.4 Allah Bakhsh Baloch who has signed the notice claims to be Vice Chairman Conciliation Court for Unit No.18. Out of them respondent No.1 only has file his affidavit in this petition. He has stated in his affidavit that he had received; certain complaints against the petitioners from various persons which he had to the Chairman for appropriate action in accordance with law ant; he denies that if he had established any Court as is alleged in the petition.

3. Mr. Khattak, Advocate for the petitioners mainly contends that respondent No.4 (Allah Bakhsh Baloch) is a person claiming to be Vice Chairman of the Conciliation Court Unit No.18. He has referred to section of the Conciliation Courts Ordinance, 1961 which clearly envisage,, constitution of a Conciliation Court in a particular case. He, therefore, contends that there can be no permanent Conciliation Court in a local area. He further states that respondent No.4 has not filed any counter‑affidavit in the petition to show under what authority he is functioning as the Vice‑Chairman of the Conciliation Court.

4. Mr. Muneer Malik, Advocate appearing for respondent No.1 categorically states that respondent No.1 is not concerned with the action taken in the matter except that he had forwarded the complaints received from the public to the Chairman for taking action that he considers fit in accordance with the law.

5. Mr. Abdul Ghafoor Mangi, Addl. A.‑G. Sindh appearing Government of Sindh has referred to the Counter‑Affidavit filed by responder No.1 which indicates that respondent No.4 is a member of Punchayat Committee for that Unit. According to Mr. Mangi, as a member of Punchayat Committee respondent No.4 cannot function as Vice‑Chairman of Conciliation Court unless he is appointed as such in accordance with Conciliation Court, Ordinance, 1961 and he frankly concedes that this petition may be allowed and the notice impugned may be declared to have been issued without lawful authority. For the foregoing reasons the notices impugned in this petition are declared to have been issued by respondent No.4 without any lawful authority and to be of no legal effect. The petition is, therefore, allowed. The entire costs of the petition shall be borne by respondent No.4 (Allah Baksh Baloch) alone. H.B.T./M‑1642/K Petition allows,