ORDER SHEET
IN THE HIGH COURT OF SINDH
BENCH AT SUKKUR
Const.
Petition No. D-1506 of 2018
|
Date |
Order with signature of Judge |
26.02.2019
Mr. Shewak Ram
Valecha assisted by Mr. Irshad Ali Lashari advocates for petitioner.
Mr. Qurban Ali
Malano advocate for respondent No.3.
Mr. Shafi Muhammad Chandio,
Additional Advocate General a/w Mr. Zulfiqar Ali Naich, Assistant Advocate General Sindh.
………………
.
Statement filed by AAG is
taken on record.
The petitioner has impugned a notification dated
08.08.2018 whereby Chief Officer and Accounts Officer of District Council, Sukkur
were authorized to maintain and operate the accounts i.e. salary of officers / officials
and pension of the pensioners of the District Council, Sukkur jointly as a stop
gap arrangement till the further orders. This was done on account of absence of
the Chairman of the said Council since, in terms of the contents of the
petition, he tendered resignation. Learned AAG to the
extent of notification under challenge concede that this was in violation of
Section 80 (2) of the Sindh Local Government Act, 2013. He, however, submits
that the concerned Department i.e. Sindh Local Government and Town Planning Department
has not received such resignation. Question arises as to how and why such notification
was issued in case they have not received any
resignation. This is only a futile attempt to make the impugned notification
valid which even in view of Respondent’s contention is invalid. Section 80 (2) provides
that in the absence of Mayor or Chairman from Pakistan or any other cause is
unable to exercise his powers and perform his functions, the Deputy Mayor or as
the case may be the Vice Chairman shall exercise powers and perform functions
of Mayor or as the case may be Chairman. This notification, thus, is beyond the
mandate of law. the Chief Officer District Council, Sukkur and Accounts
Officer, District Council, Sukkur or any of them alone were unlawfully dealing
with the accounts of salaries of the officials and pension of the pensioner of District
Council without any recommendation of Mayor / Deputy Mayor, Chairman / Vice
Chairman. The notification, as such, is held to be unlawful, void ab initio and
the petition to this extent is allowed. Since the issuance of notification i.e.
08.08.2018, the Chief Officer and the Accounts Officer, District Council, Sukkur
is required to submit accounts of all expenses incurred without fail failing
whereof they shall be issued notices to appear in person. The accounts with
effect from 08.08.2018 shall provide all details of the amounts credited to the
account and also expenses incurred. In absence of Sindh Local Government Act,
2013, it does not require any explanation that in absence of the Mayor and Chairman
of the Council, the law has to take its own course which is provided in terms
of Section 80(2) of the Sindh Local Government Act, 2013.
The petition and listed application stand allowed
to the above extent.
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J U D G E
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J U D G E
N.M.