KARACHI, Dec 24: The Sindh High Court asked MMA MPA Abdul Rahman Rajput’s counsel on Tuesday to cite any law or provision whereunder a petition against the provincial governor is maintainable, and adjourned further hearing of his plea for a notification declaring him elected deputy speaker of the Sindh Assembly unopposed.

The joint MMA-PPP candidate for the office of Sindh Assembly deputy speaker has challenged Governor Mohammedmian’s decision to extend time for the filing of nomination papers from 12-noon to 3pm on Dec 13 “so as to favour the rival coalition and to prevent his unopposed election since he was the only candidate to have submitted his papers by the notified time.” Following the belated acceptance of her nomination, Ms Raheela Tiwana was voted to the office on Dec 14.

He prayed that the extension of time by the governor be declared violative of the assembly rules, under which, in any case, he had no authority to deal with assembly matters as Jalal Mahmood Shah was the presiding officer of the maiden session and returning officer for the election.

A division bench, comprising Justice Mohammad Roshan Essani and Justice Khilji Arif Hussain, asked the petitioner’s counsel, Saleemuddin Qureshi, whether a petition impleading the provincial governor as a respondent and questioning an act done by him in his official capacity was competent? It drew his attention to article 248 of the constitution, which says that the governor “shall not be answerable to any court for the exercise of powers and performance of functions of his office or for any act done or purported to be done in the exercise of those powers and performance of those functions.” If there was any provision or superior court judgment to the contrary, the bench asked the counsel to cite it on the next date and adjourned the proceedings.

Explanation sought: The Sindh High Court summoned on Tuesday the KBCA chief controller (buildings) in person to explain on oath why he ordered demolition of a structure despite a stay order.

The stay order was granted in favour of the Textile Plaza, whose owners wanted to construct an extra parking floor. They sought permission from the Karachi Building Control Authority, but the Authority said it had no record or approved plan of the plaza. When the owners raised 15 columns to build the floor, the KBCA, however, intervened to demand their demolition.

The owners approached the court and obtained a stay. Despite the order, a KBCA squad demolished three of the 15 columns. Their counsel, Nisar A. Mujahid, informed Justice Sabihuddin Ahmed and Justice Amir Hani Muslim, who constituted the bench seized of the petition, that the KBCA authorities were also informed by telephone of the stay by him besides being served the court order.

The bench summoned the chief buildings controller on Jan 6 to state on oath the circumstances leading to the violation of the court order.

Preadmission notice: The Sindh High Court issued on Tuesday preadmission notices to the excise and taxation department and the advocate-general on a petition moved by a licensed liquor importer for Jan 22, and restrained the respondent taxation authorities from recovering the impugned 10 per cent surcharge on assessment fee subject to the petitioner depositing security in the meanwhile.

Petitioner Jaichand said he was engaged in the business of import and sale of liquor at Larkana and was already paying exorbitant amounts by way of vend fee, still head and assessment fee compared with his fellow traders in other provinces. The inter-provincial disparity in taxes and levies was violative of article 151 (3) (b) of the constitution. The provision says that a provincial assembly or government shall not have the power to “impose a tax which, as between goods manufactured or produced in the province and similar goods not so manufactured or produced, discriminates in favour of the former goods or which, in the case of goods manufactured or produced outside the province discriminates between goods manufactured or produced in any area in Pakistan.”