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December 31, 2008	Wednesday	Muharram 02,1430

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KARACHI, Dec 30: A division bench of the Sindh High Court on Tuesday directed the Sindh Advocate General to submit a report on the proceedings of local government commission on removal of ex-Taluka Nazims of Larkana and Dadu and issued a notice to the chief secretary, additional chief secretary, local government commission secretary and the director-general of inspection, monitoring and evaluation cell for Jan 13, 2009.

The petitioners, ex-taluka nazim of Larkana Qurban Ali Abbasi and ex-taluka nazim of Dadu Nabi Bukhsh Khan, challenged their removal from offices. Their counsel submitted that the petitioners were ousted from offices through notification issued on Nov 25, 2008 signed by the additional chief secretary local government with the approval of the chief minister of Sindh.

They said the petitioner belonged to political rival groups of the new provincial government, which was allegedly attempting to destabilise local administration/ government as they refused to act on unlawful directions of the government high-ups.

The counsel stated that the petitioners were performing functions under the Sindh Local Government Ordinance 2001, but the new provincial set-up levelled frivolous, unfounded allegations against them to oust them and pave the way to appoint favourites to the two key posts.

They placed Qurban Ali Abbasi under suspension under Section 132(3) of the Sindh Local Government Ordinance. Then he was ousted from Larkana Taluka Nazim office through an impugned notification on Nov 25. Similarly, frivolous allegations were levelled against Nabi Bukhsh Khan, who was later removed from the office of Taluka Nazim Dadu through the same impugned notification.

The counsels stated that an inquiry by the provincial local government commission was necessary to remove any taluka nazim, but no such exercise was carried out and the petitioners were suspended without giving any show cause notice.

They said the act of the respondents was a violation of provisions of SLGO 2001. They requested the court to declare impugned suspension notification illegal and direct respondents to provide record, proceedings of inquiry conducted for the removal of petitioners from their offices.

Sindh Advocate General Yusuf Laghari and Additional Advocate General Sarwar Khan appeared for the respondents and submitted that a counter affidavit was prepared to be filed by additional chief secretary of local government, but he left for Malaysia last night on official visit without getting an opportunity to have got contents of the same. They sought time to file the counter affidavit till January 13.

The division bench comprising Justice Azizullah M Memon and Justice Faisal Arab granted the request and issued notice to respondents till January 13.

Nazir appointed

Meanwhile, the same bench appointed a SHC Nazir as commissioner on Tuesday to inspect a site where shops were allegedly constructed illegal.

A petitioner, Zafar Iqbal, submitted through Advocate Amin Memon that Abdul Quddus and Ashraf Hussain, residents of Block 3, CP & Berar Cooperative Housing Society, Karachi, were raising illegal construction in violation of the approved site plan.

Ashraf Hussain was allegedly constructing commercial shops on ground floor of his residential plot No. 86/3, while Abdul Quddus also raised illegal constructions on plot No. 97/3 in the same block, completely covering mandatory open space.

The petitioner prayed to the court to direct the chief controller of Karachi Building Control Authority to demolish the unlawful structures.

The SHC division bench after initial hearing issued notice to private respondents & the KBCA chief controller.

The matter was adjourned until Jan 13, 2009.—PPI