Order Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C. P. No. D – 1429 of 2018

Before :

Mr. Justice Muhammad Shafi Siddiqui

Mr. Justice Zafar Ahmed Rajput

Date of hearing : 09.04.2019.

Mr. J. K. Jarwar, Advocate for the petitioner.

Mr. Mehboob Ali Wassan, Assistant Advocate General Sindh.

O R D E R

MUHAMMAD SHAFI SIDDIQUI, J. – This petition primarily challenges / impugns a notification dated 20^th July 2018 issued by the Secretary, Government of Sindh, Auqaf, Religious Affairs, Zakat and Ushr Department.

2. Petitioner claimed to have been appointed as Chairman, District Zakat and Ushr Committee, Naushahro Feroze since 19.09.2013. The period continued by extensions until 20.07.2018 when the impugned notification was issued and appointment of the petitioner was rescinded with immediate effect.

3. Notices of this petition were issued to the respondents who filed their respective comments. Respondents No.1 and 2 filed their common comments, whereas, respondent No.3 also filed his comments separately. The comments of respondents No.1 and 2 are also supported by an affidavit of Noor Ahmed Chachar son of Bashir Ahmed Khan. There was no response in pursuance of the comments filed by respondents No.1 and 2. The comments were supported by an order of the Secretary to Government of Sindh, Auqaf, Religious Affairs, Zakat and Ushr Department, notification dated 17^th July 2018, photographs of the petitioner along with one of the candidate of the provincial elections of PS‑33, photographs of panaflex, hoardings, etc.

4. Respondents No.1 and 2 claimed that the petitioner was a public servant in terms of Section 23 of the Sindh Zakat and Ushr Act, 2011 within the meaning of Section 21 of the Pakistan Penal Code and that on account of violation of the Code of Conduct for General Elections 2018 issued by Election Commission of Pakistan, the petitioner was removed from his position as Chairman, District Zakat and Ushr Committee, Naushahro Feroze, and the petitioner did not file any complaint against the department. Since it was an apparent violation of the Code of Conduct, which is undeniable, the action was taken.

5. On 2^nd July 2018, the Secretary to Government of Sindh, Auqaf, Religious Affairs, Zakat and Ushr Department issued an order to all Chairmen appointed under the Sindh Zakat and Ushr Act, 2011 that they shall immediately refrain from any kind of involvement in the political and election related activities during General Elections 2018 through physical or moral participation, media and other sources or extending any material support. The order includes that they shall also get public property / resources under their responsibility from being used for political and election campaign in direct violation of the Code of Conduct issued by Election Commission of Pakistan. That functioning of all District Zakat and Ushr Committees, Taluka Zakat and Ushr Committees and Local Zakat and Ushr Committees in Sindh was also suspended till 25^th July 2018 by virtue of a notification dated 17^th July 2018.

6. Surprisingly, there is no denial to the facts that he not only participated in the campaign of a candidate who happened to be his father but there were banners, panaflex, publicity boards as well carrying his prominent pictures, which is misuse of authority and amounts to influence public at large.

7. In defence, all that has been argued was that his father was only a covering candidate and has not secured even a single vote as the candidature was withdrawn. This is no reason to defend above misconduct and misuse of authority that since he was only a covering candidate and has not secured even a single vote, therefore, a sympathetic view should be taken against him. Success of a candidate to whom the incumbent Chairman was supporting is not a condition precedent as far as violation or misuse of office or authority is concerned. It is the active participation, influence and publicity which activated the authority concerned to remind him of his duty which ultimately ended up as a notification, whereby the petitioner was rescinded. There was no material in defence available nor even pleaded. He admitted his presence at the time of submitting nomination papers. He admitted his presence at some of the occasions where the candidate delivered speeches in a corner meeting and also his photographs in huge panaflex, signboards, hoardings, etc. and the only reason of his availability and pictures, panaflex, hoardings and publicity boards was to influence public at large and misuse of his office.

8. Since the misuse of his office and influence is apparent on the face of it which is not even denied either in the shape of counter-affidavit or rejoinder, it leads to irresistible conclusion that petitioner being holder of public office has actively participated in the campaign, which rendered him ineligible to continue as being Chairman of District Zakat and Ushr Committee, Naushahro Feroze.

9. In view of above, this petition was dismissed along with pending application(s), if any, vide short order dated 09.04.2019 and these are the reasons for the same.

J U D G E

Abdul Basit