| Case ID |
261cab5c-9965-4d84-9a58-2ee7d5337a84 |
| Body |
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| Case Number |
D-2703 of 2016 |
| Decision Date |
May 31, 2016 |
| Hearing Date |
May 17, 2016 |
| Decision |
The Sindh High Court declared Rule 42(A) of the Sindh Local Councils (Elections) Rules, 2015 to be of no legal effect, stating that it was ultra vires the parent statute, the Sindh Local Government Act, 2013, and the Constitution. The court emphasized that rules made under a statute cannot override the provisions of the statute itself. The petitioners, who were independent candidates, contested that their right to join a political party post-election was being unjustly restricted by the subordinate legislation. The court ruled in favor of the petitioners, allowing them to join political parties of their choice and declared the notification introducing Rule 42(A) as coram non judice. |
| Summary |
In the case of D-2703 of 2016 heard by the Sindh High Court, the court addressed significant constitutional questions regarding the rights of independent candidates to join political parties post-election. The petitioners challenged Rule 42(A) of the Sindh Local Councils (Elections) Rules, 2015, arguing it infringed upon their statutory rights under Section 33 of the Sindh Local Government Act, 2013. The court found that the subordinate legislation could not restrict the fundamental rights provided by the parent statute and declared the rule to be without legal effect. This landmark ruling reinforces the principle that statutory rights cannot be curtailed by subordinate legislation, ensuring political representation for independent candidates. This case is critical for understanding the legal framework governing local government elections in Sindh and the rights of elected representatives. Keywords: Sindh Local Government Act, independent candidates, political party rights, legal representation, constitutional law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Nadeem Akhtar,
Aziz-ur-Rehman
|
| Lawyers |
Haider Waheed,
Basil Nabi Malik,
Mukesh Kumar G. Karara,
Dilawar Hussain
|
| Petitioners |
Nadar Shah,
and 9 others
|
| Respondents |
another,
Province of Sindh through Secretary
|
| Citations |
2016 SLD 2385,
2016 PLD 586
|
| Other Citations |
National Electric Power Regulatory Authority v. Faisalabad Electric Supply Company Limited 2016 SCMR 550,
Suo Motu Case No.11 of 2011, PLD 2014 SC 389,
Mst. Ummatullah through attorney v. Province of Sindh through Secretary Ministry of Housing and Town Planning Karachi and 6 others PLD 2010 Kar. 236,
Mushtaq Ali Shah v. N.E.D. University of Engineering and Technology. Karachi and 3 others 2010 PLC (C.S.) 392,
Abdul Sattar Chughatai Malik v. Pakistan Bar Council through Secretary and another PLD 2007 Lah. 170,
Hirjina Salt and Chemicals (Pak.) Ltd., Karachi v. The Union Council, Gharo and another PLD 1972 Kar. 145
|
| Laws Involved |
Sindh Local Government Act,
Sindh Local Councils (Elections) Rules
|
| Sections |
33,
42(A)
|