| Case ID |
0c0ce916-c419-4f7d-998d-a343b9dd593a |
| Body |
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| Case Number |
Constitution Petitions Nos. D-7286 to D-7288, D-73 |
| Decision Date |
Mar 09, 2020 |
| Hearing Date |
|
| Decision |
In the landmark decision of the Sindh High Court dated March 9, 2020, Constitutional Petitions Nos. D-7286 to D-7288 and D-7384 to D-7389 of 2019 were dismissed in favor of the respondents. The court upheld the validity of the Sindh Local Government (Amendment) Act, 2019, particularly Section 27, which permits the removal of elected officials through a simple majority vote of no confidence. The petitioners failed to demonstrate any legal infirmity in the notifications issued for re-election or to prove any violation of fundamental rights. The judges reaffirmed the principle of majority rule and the binding authority of equal benches, concluding that the constitutional petitions lacked merit. Consequently, the mandates for re-election were deemed lawful, ensuring the continuity and legality of the local government processes under the amended law. This decision reinforces the integrity of democratic procedures within the Sindh local government framework and underscores the judiciary's role in upholding constitutional amendments that align with democratic principles. |
| Summary |
The Sindh High Court rendered a pivotal decision on March 9, 2020, dismissing Constitutional Petitions Nos. D-7286 to D-7288 and D-7384 to D-7389 of 2019. The case centered around the Sindh Local Government (Amendment) Act, 2019, specifically Section 27, which altered the process for removing elected officials through a vote of no confidence by allowing a simple majority instead of the previously required two-thirds majority. The petitioners argued that this amendment was unconstitutional, violated their vested rights, and was enacted with mala fide intentions to perpetuate their tenure despite losing the confidence of the majority in their respective councils. However, the Sindh High Court upheld the amendment, stating that the change aligned with democratic principles and the constitutional framework of Pakistan. The court emphasized the binding nature of decisions made by an equal bench and the importance of majority rule in a democratic setup. The petitioners failed to present any substantial evidence of legal infirmity or constitutional violation, leading to the dismissal of all petitions. This judgment reinforces the authority of provincial laws in local governance matters and affirms the judiciary's role in ensuring that legislative amendments uphold constitutional mandates and democratic integrity. The decision highlights key aspects of constitutional law, including the presumption of constitutionality, the necessity of majority support in legislative decisions, and the non-retroactive application of new laws unless explicitly stated. By validating the amendment, the Sindh High Court ensured the smooth functioning of local government institutions and the adherence to democratic processes, setting a precedent for future cases involving legislative amendments and the removal of elected officials. |
| Court |
Sindh High Court
|
| Entities Involved |
Election Commission of Pakistan
|
| Judges |
Muhammad Ali Mazhar, Justice,
Agha Faisal, Justice
|
| Lawyers |
Tahseen A.H. Qureshi,
Ms. Naveen Merchant,
Ghulam Nabi Shar,
Salman Yousuf,
Jhamat Jethanand,
Safdar Hussain Leghari,
Dilawar Qureshi,
Barrister Shabbir Shah,
Additional Advocate-General,
Barrister Jawad Dero,
Additional Advocate General
|
| Petitioners |
ABDUL RAUF NIZAMANI AND OTHERS
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN THROUGH CHIEF ELECTION COMMISSIONER, ISLAMABAD AND OTHERS
|
| Citations |
2020 SLD 2504 = 2020 CLC 2063
|
| Other Citations |
2003 SCMR 370,
Dr. Mobashir Hassan and others v. Federation of Pakistan and others PLD 2010 SC 265,
Mir Shabbir Ali Khan Bijarani and others v. Federation of Pakistan 7 others PLD 2018 Sindh 603,
Lahore Development Authority v. Imrana Tiwana 2015 SCMR 1739,
Watan Party v. Federation of Pakistan PLD 2006 SC 697,
Federation of Pakistan v. Haji Muhammad Sadiq PLD 2007 SC 133,
Mehreen Zaibun Nisa v. Land Commissioner PLD 1975 SC 397,
PLD 2014 SC 389,
Kaneez Fatima v. Wali Muhammad PLD 1993 SC 901,
Province of East Pakistan v. Sirajul Haq Patwari PLD 1966 SC 854,
Ellahi Cotton Mills Limited v. Federation of Pakistan PLD 1997 SC 582,
Dr. Tariq Nawaz v. Government of Pakistan 2000 SCMR 1956,
Mian Asif Aslam v. Mian Muhammad Asif PLD 2001 SC 499,
Pakistan Muslim League (Q) v. Chief Executive of Pakistan PLD 2002 SC 994,
Pakistan Lawyers Forum v. Federation of Pakistan PLD 2005 SC 719,
Messrs Master Foam (Pvt.) Ltd. v. Government of Pakistan 2005 PTD 1537,
Iqbal Zafar Jhagra v. Federation of Pakistan 2013 SCMR 1337,
2005 SCMR 186,
2013 SCMR 642,
2014 CLC 335,
Zila Council Jhelum v. Pakistan Tobacco Company Limited and another PLD 2016 SC 398,
Fundamental Law of Pakistan at page 65,
Farooque Jameel v. Province of Sindh and others C.P. D-562 of 2019,
Shakeel Ahmed and another v. Province of Sindh and others C.P. D-563 of 2019,
Shakeel Ahmed and another v. Province of Sindh and others C.P. D-6643 of 2019,
C.P.No.7286 of 2019,
Federation of Pakistan v. Aitzas Ahsan and others PLD 1989 Supreme Court 61,
Multiline Associates v. Ardeshir Cowasjee 1995 SCMR 362 rel.,
A.K. Brohi,
Aijaz Ali Khan Jatoi v. Liaquat Ali Khan Jatoi 1993 SCMR 2350 ref.
|
| Laws Involved |
Sindh Local Government Act, ( XLII of 2013)
|
| Sections |
27
|