SHC issues notices to Attorney General and NRB on Nazims' writ against removal
Sindh High Court on Thursday issued notices to Attorney General of Pakistan and National Reconstruction Bureau (NRB) for January 4, 2005 on the petition of Nazims of four districts challenging their removal by the Sindh government.
Khursheed Ahmed Junejo, Pir Shahfqat Hussain Shah Jilani, Malik Asad Sikandar Khan, Mir Shabbir Ali Bijarani, removed Nazims of Larkana, Mirpurkhas, Dadu and Jacobabad districts respectively along with Nazir Ahmed Bhugio and Mohammmad Younus, Naib Nazims of Larakana and Mirpur Khas questioned the notification of Sindh government in their constitutional petition regarding bifurcation of their respective districts, their removal and appointment of District Co-ordination Officers (DCOs) in their place.
When the matter was taken up, Advocate General Sindh Anwar Mansoor Khan sought time to file counter-affidavit and objection on behalf of respondents. He pointed out that notice to NRB and Election Commissioner was not served.
SHC's division bench comprising Justice Wahid Bux Brohi and Justice Mushir Alam granting request of the AG fixed the matter for January 4, 2005 with direction that notice may be issued to the Attorney General and the NRB.
The petitioners were removed by the government on December 22, 2004 from their respective offices on ground of establishment of new districts and appointed DCOs to perform all functions of Nazims.
The contention of the petitioner was that the government is not entitled to alter any area of district under Sindh Local Government Election Ordinance as district that shall retain its status till completion of tenure of election held in 2001. Besides, removal of Zila Nazims is contrary to provision of the Sindh Local Government Ordinance, 2001 as there was no provision either in Sindh Land Revenue Act 1967 or SLGO.
They said provision of section 151 and 186 SLGO in no manner authorise respondents to suspend or remove Nazims from their offices and its notification regarding removal of Nazims was illegal and violative of fundamental rights.
The court was prayed to declare the notification of Sindh government regarding removal of Nazim illegal and restrain DCOs from holding office of Zila Nazims and petitioners may be allowed to complete their tenure.
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