| Case ID |
31d14eb7-05bf-4233-ab06-f58808321eab |
| Body |
View case body. Login to View |
| Case Number |
D-180 of 2023 |
| Decision Date |
May 24, 2023 |
| Hearing Date |
May 17, 2023 |
| Decision |
The Sindh High Court dismissed the constitutional petition challenging the appointment of an Administrator for the District Council Kashmore at Kandhkot. The court ruled that the appointment was made in accordance with the provisions of Section 21(3) of the Sindh Local Government Act, 2013, which allows for the appointment of an Administrator until an elected body assumes office. The petitioners failed to meet the criteria for a writ of quo warranto, and thus the case was not maintainable. The court found that the impugned notification was lawfully issued and did not warrant interference. |
| Summary |
In the case of MUHAMMAD UMAR SHAIKH vs. The SECRETARY LOCAL GOVERNMENT, KARACHI, the Sindh High Court dealt with a constitutional petition concerning the appointment of an acting Administrator for the District Council Kashmore at Kandhkot. The petitioner contested the validity of the notification that appointed respondent No.6 as Administrator, arguing that it violated the Sindh Local Government Act, 2013. The court examined the law regarding temporary appointments and determined that the appointment was a lawful stopgap measure until the elected council could assume office. The ruling emphasized the importance of adhering to established legal frameworks in public administration and the limited scope of acting charge appointments. The decision underscored the court's commitment to upholding the rule of law in administrative matters, ultimately leading to the dismissal of the petition. This case highlights key legal principles regarding public administration, acting appointments, and the judicial oversight of governmental actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Irshad Ali Shah,
Arbab Ali Hakro
|
| Lawyers |
Ashfaque Hussain Abro,
Zulfiqar Ali Domki,
Habibullah G. Ghouri,
Abdul Hamid Bhurgri
|
| Petitioners |
MUHAMMAD UMAR SHAIKH
|
| Respondents |
Respondent No.4,
Respondent No.6,
The SECRETARY LOCAL GOVERNMENT, KARACHI
|
| Citations |
2024 SLD 3278,
2024 PLD 284
|
| Other Citations |
Province of Sindh and others v. Ghulam Fareed and others 2014 SCMR 1189,
Khan Muhammad v. Chief Secretary, Government of Balochistan Quetta and others 2018 SCMR 1114,
Bank of Punjab v. Haris Steel Industries (Pvt.) Ltd. PLD 2010 SC 1109
|
| Laws Involved |
Sindh Local Government Act,
Constitution of Pakistan
|
| Sections |
21(3),
199
|