ISLAMABAD, May 27: The Supreme Court on Friday upheld the Sindh High Court’s decision reinstating four nazims and two naib nazims of Larkana, Mirpurkhas, Jacobabad and Dadu. A three-member bench comprising Justice Hamid Ali Mirza, Justice Sardar Mohammad Raza and Justice Mohammad Nawaz Abbasi dismissed a Sindh government’s appeal against the high court’s order and restored the nazims and naib nazims, all belonging to the Pakistan People’s Party.
The reinstated representatives are: Khursheed Ahmed Junejo and Nazir Ahmed Bhugio, nazim and naib nazim of Larkana; Pir Shafqat Shah Jillani and Nawab Yunus, nazim and naib nazim of Mirpurkhas; Malik Asad Sikandar Khan, nazim Dadu and Mir Shabbir Ali Bijarani, nazim Jacobabad.
These representatives were relieved by the Sindh government on Dec 22, 2004 after it created four new revenue districts — Qambar, Umerkot, Jamshoro and Kashmor — under Section 186(2) of the Sindh Local Government Ordinance (SLGO) 2001. District Coordination Officers (DCOs) were directed to take over charge of the four districts.
The affected nazims and their deputies challenged their removal before the SHC which overruled the provincial government’s decision but granted it 10 days to go into appeal against its decision before the Supreme Court. On Friday, Advocate-General Sindh Anwar Mansoor told the apex court that these public representatives had lost mandate when their districts had been bifurcated. He said since it was necessary that the nazim should be voter of a particular district, therefore, after the division of districts, fresh elections had become necessary.
He said the concept that delimitation of constituencies was done only at the time of elections was wrong as the government enjoyed the authority to create new constituencies anytime in the larger public interest.
Senior advocate Abdul Hafiz Pirzada, representing nazims, said the provincial government’s decision of creating new districts was devoid of any legal force which, if upheld by the court, would destroy the very concept of devolution at the lowest tier.
