Order Sheet

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 718 of 2015

Before:

Mr. Justice Muhammad Junaid Ghaffar

Mr. Justice Zulfiqar Ali Sangi

Date of hearing: 07-09-2021

Date of Order: 07-09-2021

Mr. Sohail Ahmed Khoso, Advocate for the petitioner.

Mr. Ahmed Ali Shahani, Assistant Advocate General Sindh.

O R D E R

Muhammad Junaid Ghaffar, J. – Through this petition, the petitioner seeks directions to the respondents to restore Union Council Molvi Muhammad Yousuf Memon of Taluka Sobhodero District Khairpur in compliance of Notification dated 20^th August 2013 issued by Local Government Department, Government of Sindh.

2. Learned Counsel for the petitioner submits that earlier all union councils were suspended; but pursuant to notification dated 20-08-2013, all such union councils were restored; however, the Union Council in question has not been restored as yet. According to him this amounts to discrimination. In support he has referred to order dated 18‑02‑2014 passed by Learned Division Bench of this Court at the Principal Seat in C. P. No. D-2219 of 2010 (Muhammad Ahmed Sarohi v Province of Sindh & Other) and submits that in like manner, Union Council Ali Muhammad Sarhoiabad was also suspended and was not being restored which was challenged and the Court was pleased to issue directions to the petitioner to approach the concerned authority for restoration of the Council, therefore, similar directions be issued in this Petition.

3. On the other hand, learned AAG has opposed this Petition on the ground that notification dated 20-08-2013 was general in nature, and by way of a separate notification, due to dispute and objections, the Union Council in question was not restored. However, now the tenure of the union councils has expired, hence, no case is made out.

4. We have heard the learned Counsel for the petitioner and learned AAG and then perused the record as well.

5. Insofar as the present Petition and the relief being sought is concerned, the same as of today, appears to be infructuous inasmuch as the tenure of all union councils has expired on 30-08-2020 and new elections are to be conducted, whereas, for such elections, under the Election Act, 2017, the Election Commission of Pakistan is required to conduct delimitation, and only thereafter any aggrieved person can agitate such issue of a local council. The order relied upon by the petitioner was passed in 2014, whereas, now under the Elections Act, 2017, it is the responsibility of the Election Commission to conduct delimitation. The said order no more applies to the present facts in hand. It further appears that the elections of the union councils are also delayed due to completion and approval of the Census 2017, and therefore, no such directions as solicited can be issued.

In view of such position, it appears that for the present purposes, the relief being sought, cannot be granted as it would not help the petitioner’s case. The same apparently has become infructuous, therefore, the Petition is dismissed; however, the petitioner is at liberty to agitate the issue of restoration of this Council, or in any other manner, when the exercise of delimitation is being carried, which even otherwise, can also be agitated in accordance with law by an aggrieved person.

With these observations, the Petitions stands dismissed.

J U D G E

Abdul Basit