Legal Case Summary

Case Details
Case ID 25fcff44-73f2-464c-b595-90c31f706605
Body View case body.
Case Number Civil Petitions Nos. 731-K and 732-K of 2018
Decision Date Sep 07, 2018
Hearing Date Sep 07, 2018
Decision The Supreme Court of Pakistan ruled on the authority of the Vice-Chairman to perform the functions of the deceased Chairman of the Municipal Committee. It was established that the Deputy Mayor or Vice-Chairman could exercise the powers of the Chairman when the position is vacant due to death. The court directed the Election Commission to hold elections for the vacant Chairman position and clarified that the law does not provide a mechanism for filling such vacancies, emphasizing the need for timely elections to uphold democratic governance.
Summary In the landmark case of Civil Petitions Nos. 731-K and 732-K of 2018, the Supreme Court of Pakistan addressed critical issues surrounding the Sindh Local Government Act, particularly regarding the powers of the Vice-Chairman following the death of a Chairman. The court emphasized the necessity for clear legal frameworks for filling vacancies in local government offices. The ruling highlighted how the lack of provisions in the law for such situations can lead to administrative challenges. It mandated the Election Commission to conduct timely elections, ensuring that local governance remains functional and representative. This case underscores the importance of adhering to legal protocols in local government operations and the need for prompt electoral processes to fill any vacancies, thereby maintaining the integrity of local governance. Keywords such as 'Sindh Local Government Act', 'Supreme Court of Pakistan', 'local governance', and 'elections' are essential for understanding the implications of this ruling.
Court Supreme Court of Pakistan
Entities Involved Election Commission of Pakistan, Local Government of Sindh
Judges MUSHIR ALAM, FAISAL ARAB, JUSTICE SAJJAD ALI SHAH, MUHAMMAD UMAR PANHWAR
Lawyers Farooq H. Naek, Khalid Javed, Ghulam Rasool Mangi
Petitioners Muhammad Umar Panhwar
Respondents Province of Sindh, Ahmed Nawaz Solangi
Citations 2019 SLD 169, 2019 SCMR 52
Other Citations Not available
Laws Involved Sindh Local Government Act
Sections 24, 80(2)