ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No.365 of 2008

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

22.4.2010

Miss Najaf Shah advocate for petitioner.

Mr. Abdul Hamid Bhurgari Addl. A. G and Mr. Ali Raza Pathan, State Counsel.

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By a notification No.D.Z.C/KMB/S.KOT/2007/257 Kamber-Shahdadkot dated 04.2.2008 issued under sub-sections (1) and (3) of section 18 of Zakat/Ushr Ordinance 1980 (XVIII of 1980 as corrected up to May 31, 1997) and amendment Ordinance-2000 read with sub-section (6) thereof, the Chairman, District Zakat and Ushr Committee Kamber Shahdadkot appointed the petitioner as Chairman, Local Zakat and Ushr Committee of deh Waryal Taluka Qubo Saeed Khan district Kamber Shahdadkot. The petitioner after his appointment performed duties as Chairman for two/three weeks. Subsequently the respondent No.2 vide notification No.DZC/KMB/S.KOT/2007/716 dated 10.5.2008 appointed respondent No.4 as Chairman, Local Zakat and Ushr Committee deh Waryal in place of petitioner. Such notification has been challenged by the petitioner through this Constitutional Petition.

According to the provisions of sub section (9), the chairman and the members of a local committee shall hold office for a terms of three years, unless they resign or are removed earlier in accordance with the law. The grievance of the petitioner is that prior to the constitution of chairmanship of respondent No.4, on 04.2.2008, the petitioner was selected as chairman of the local Zakat Committee along with eight members but without any cause or reason committee was removed by the order of the Chairman, Zakat and Ushr Committee district Kamber (Mr. Sirajudin Abro). According to order passed by this Court on 28.5.2009, learned Addl. A. G sought time to verify that whether any person had filed any appeal under sub section (7) of Section 18 of Zakat Ushr Ordinance 2000. Today Mr. Abdul Hamid Bhurgari, learned Addl. A. G states that no appeal is filed by any of the aggrieved person or by the petitioner under sub section 7 of section 18 of Zakat Ushr Ordinance. We have enquired from the petitioner whether he has filed any appeal under sub section 7 of section 18 of Zakat Ushr Ordinance, he replied that he has not filed any appeal as provided under sub section 7 of Section 18 of Zakat Ushr Ordinance. Under Article 199 of the Constitution of Islamic Republic of Pakistan, no violation of any fundamental right of the petitioner occurred by Notification dated 04.2.2008. The statute itself provides for filing appeal under sub section 7 of Section 18 of Zakat and Ushr Ordinance and the petitioner has to avail that remedy first. In the light of above discussion, Miss Najaf Shah, learned counsel for the petitioner does not press this petition. However learned counsel for the petitioner states that if direction is given to District Zakat and Ushr Committee to decide the appeal of the appellant within one month, then the petitioner will file such appeal before the District Zakat and Ushr Committee. The contention of learned counsel does not oppose by learned Addl. A. G.

In the circumstances, we direct District Zakat and Ushr Committee district Kamber-Shahdadkot to decide the appeal of the petitioner within one month if the petitioner files such appeal. With the above observation this petition is disposed of.

Judge