| Case ID |
209d70e7-71f3-4747-883c-f05db18799f8 |
| Body |
View case body. Login to View |
| Case Number |
D-3206 of 2013 |
| Decision Date |
Dec 10, 2013 |
| Hearing Date |
Nov 12, 2013 |
| Decision |
The Sindh High Court dismissed the petitions concerning the delimitation of union councils initiated by the Provincial Government under the Sindh Local Government Act, 2013. The Court held that the Provincial Government had the lawful authority to conduct the delimitation process and that the Election Commission of Pakistan did not have jurisdiction over local government constituency delimitation. The decision emphasized the importance of local governance and the necessity for the Provincial Government to facilitate the delimitation process, providing mechanisms for public objections and ensuring compliance with constitutional mandates. The Court concluded that the delimitation process was within the purview of the Provincial Government and that the petitions did not present sufficient grounds for judicial interference. |
| Summary |
This case revolves around the constitutional petition regarding the delimitation of union councils in Sindh prior to local government elections. The petitioners challenged the authority of the Provincial Government to conduct the delimitation process, arguing that it was the sole responsibility of the Election Commission of Pakistan. The Sindh High Court, however, ruled that the Provincial Government had the constitutional mandate to oversee the delimitation process as per the Sindh Local Government Act, 2013. This decision reinforces the concept of local governance and the legal frameworks within which the Provincial Government operates. It highlights the importance of public participation in the delimitation process and affirms the role of local government in promoting democratic values in Pakistan. The ruling is significant in the context of electoral law and the administration of local governance, ensuring that the processes involved are transparent, fair, and in accordance with the law. The judgment also reflects the ongoing efforts to enhance local governance structures and empower communities at the grassroots level. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NISAR MUHAMMAD SHAIKH,
SHAHNAWAZ TARIQ
|
| Lawyers |
Ghulam Murtaza Korai,
Ghulam Shabbeer Shar,
Sohail Ahmed Khoso,
Mukesh G. Karara,
Abdul Sattar Bhutto,
D.A.G. Muhammad Iqbal Mahar,
Standing Counsel Muhammad Imran,
Liaquat Ali Shar,
Addl. A.G. Noor Hassan Malik
|
| Petitioners |
,
Dr. GHULAM ALI ABBASS @ PAPOO KHAN,
Ghulam Shabir Dayo,
Nisar Ahmed Bhanbhro
|
| Respondents |
6 others,
PROVINCE OF SINDH through Secretary Local Government
|
| Citations |
2014 SLD 99,
2014 PLD 230
|
| Other Citations |
Balochistan High Court Bar Association v. Federation of Pakistan and others 2012 SCMR 754,
Raja Rabnawaz v. Federation of Pakistan through Secretary Defence and others 2013 SCMR 1629,
Ahmad Khan Niazi v. Town Municipal Administration, Lahore through Town Municipal Officer and 2 others PLD 2009 Lah. 657,
Workers' Party Pakistan through Akhtar Hussain, Advocate General Secretary and 6 others v. Federation of Pakistan and 2 others PLD 2012 SC 681,
Surendrasinhaji Jorawarasinji Jhala v. U.M. Bhatta, Chief Electoral Officer, Ahmedabad and others AIR 1969 Gujarat 292,
Amirzada Khan, M.N.A. v. Chief Election Commissioner and 2 others PLD 1974 Lah. 178,
Muhammad Nazir Hakim v. Bakhtiar Said Muhammad and another PLD 1962 (W.P.) Lah. 421,
Pre Keval Ram Shahani v. Government of Pakistan through Secretary to Government, Ministry of Justice and Parliamentary Affairs, Islamabad and another PLD 1989 Kar. 129,
Election Commission of Pakistan through its Secretary v. Javaid Hashimi and others PLD 1989 SC 396,
Altaf Ahmed Asmat v. Sarfraz Hussain and 2 others 1984 CLC 1308,
Nadeem Akhtar Khadan Niazi and another v. Zila Council Khanewal through Chairman and 2 others 1999 YLR 685,
Salahuddin Dharaj v. Province of Sindh and 4 others PLD 2013 Sindh 236,
M.D. Tahir, Advocate v. Chief Secretary, Government of the Punjab, Lahore and another 1995 CLC 1687,
Mst. Bilquis Ismail v. Naeemuddin and 3 others PLD 1995 Kar. 552,
Mian Mushtaq Hussain Dogar v. Province of Punjab through Chief Secretary, Lahore and 7 others PLD 2006 Lah. 627,
Bank of Punjab and another v. Haris Steel Industries (Pvt.) Ltd. and others PLD 2010 SC 1109
|
| Laws Involved |
Sindh Local Government Act, (XLII of 2013),
Constitution of Pakistan, 1973,
Delimitation of Constituencies Act, 1974
|
| Sections |
11,
18,
138,
141,
155,
32,
140-A,
142,
199,
218,
219,
222,
5,
8,
9
|