IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE MUSHIR ALAM 
MR. JUSTICE FAISAL ARAB 
MR. JUSTICE SAJJAD ALI SHAH 
 
CIVIL PETITION NOs. 731-K & 732-K OF 2018 
(On appeal against the judgment dated11.6.2018 passed by the 
High Court of Sindh,44  Circuit Court, Hyderabad in CPs No.D-
644  &1093 of 2018) 
 
Muhammad Umar Panhwar, etc. 
 
 
(In both cases) 
… Petitioners 
VERSUS 
Province of Sindh and others  
 
 
(In both cases) 
… Respondents 
 
For the Petitioners: 
Mr. Faroooq H. Naek Sr. ASC  
(in both cases) 
  
For Respondent No.5: 
Mr. Khalid Javed ASC, 
 
 
 
 
Mr. Ghulam Rasool Mangi, AOR 
 
For Province of Sindh: 
Mr. Sibtain Mehmood, AAG a/w 
 
 
 
 
Najab Bhatti, Advocate. 
 
For ECP: 
 
 
Mr. Khalid Haider Shah, Secy. Local Govt. 
 
 
 
 
Abdullah, Law Officer.   
 
Date of Hearing:  
07.09.2018 
 
JUDGMENT 
 
 
 
MUSHIR ALAM, J.- Present Petitioner-Muhammad Umar 
Panhwar, Member of Municipal Committee, Dadu has impugned 
common  order dated 11.6.2018 passed by learned High Court of Sindh, 
Circuit Court, Hyderabad in CPs No.D-644 and 1093 of 2018 whereby 
through Notification dated 7.3.2018  earlier Notification recalling dated 
5.3.2018 entrusting function of Chairman M.C. Dadu to Ahmed Nawaz 
Solangi vice Chairman (Respondent No.5 herein) was kept in abeyance 
and Notification through another dated 12.4.2018 assigned the functions 
of the Chairman, Municipal Committee, Dadu to respondent No.5 
Muhammad Umar Panhwar  were set aside and directed that Ahmad 
Nawaz, Vice Chairman is entitled to perform function and discharge the 
power of the Chairman, Municipal Committee in terms of sub-section (2) 
section 80 of the Sindh Local Government Act, 2013. 
CIVIL PETITION NOs. 731-K & 732-K OF 2018 
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2. 
 
Brief facts in nutshell appear to be that Gul Hassan 
Qambrani, one of the Members of the Municipal Committee, Dadu was 
elected as a Chairman Municipal Committee, Dadu unfortunately Mr. 
Qambrani passed away on 7.2.2017. It appears to be that pursuant to 
the Notification dated 5.3.2018 in purported exercise of power under 
sub-section (2) of section 80 of the Act, 2013 functions were assigned to 
the Vice Chairman of the Municipal Committee, Dadu till election 
to the seat of the Chairman of the Municipal Committee. It seems 
that in a quick succession after two days on 7.3.2018 another 
Notification was issued by the Secretary to the Government of 
Sindh while the Notification noted above was ordered to be kept in 
abeyance.  
 
3. 
 
Again on 12.4.2018 with the approval of the competent 
Authority, the Chief Minister, Sindh assigned the function of the 
Chairman Municipal Committee, Dadu to Muhammad Usman 
Kanwar till the election of the Chairman, who it was claimed has 
assumed charge forcibly from the Vice Chairman appointed earlier. 
 
4. 
 
Mr. Khalid Javed, learned counsel appearing for the 
respondent No.5 heavily relying on sub-section (2) of section 80 of 
the Act, 2013 urged that the petitioner who is the Vice Chairman is 
mandated to exercise of powers and functions of the Mayor or as 
the case may be the Chairman of the Municipal Committee for the 
ease of convenience sub-section (2) of section 80 of the Act, 2013 is 
reproduced as follows:  
 
“When the Mayor or Chairman by reason of 
absence from Pakistan or any other cause, is unable to 
exercise his powers and perform his functions, the Deputy 
Mayor or, as the case may be, Vice Chairman, shall 
CIVIL PETITION NOs. 731-K & 732-K OF 2018 
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exercise powers and perform functions of the Mayor or, as the 
case may be, Chairman. 
Provided that in the absence of Mayor, Deputy 
Mayor, Chairman or Vice Chairman, the Government may 
by Notification entrust the duties of the Mayor, Deputy 
Mayor, Chairman or Vice Chairman as the case may be to 
some other member.”    
        
5. 
 
It was further urged that since the vacancy in the office has 
occurred which is to be filled in by election to be held by the Election 
Commission for Pakistan as provided under section 24 of the Act, 2013. 
Section 24 reads as follows: 
“Casual vacancy.- (1) 
If the office of a Mayor, Deputy 
Mayor, Chairman or a Vice Chairman or member of the 
Council, other than the office of Chairman or Vice 
Chairman or member of a Union Council  or Union 
Committee, for any reason, falls vacant during the terms of 
office of a Council, the  new Mayor, Deputy Mayor, 
Chairman or Vice Chairman or the member  shall be 
elected  or nominated, as the case may be in the 
prescribed manner within thirty days from the date when 
such vacancy is notified and he or she shall, subject to 
this Act, hold office for the remaining term of the Council. 
 
(2) 
If the office of a Chairman of a Union Council 
or Union Committee or its members or member of ward for 
any reason, falls vacant during the term of office of the 
Council, the new Chairman or Vice Chairman of the Union 
Council or its member or a member of a ward shall be 
elected in the prescribed manner within sixty days from 
the date such vacancy is notified and he or she shall, 
subject to this Act, hold office for the remaining term of the 
Council. 
 
(3) 
If the vacancy in the office of a member of a 
Council occurs within six months of the expiry of the term 
of a Council, the vacancy shall not be filled.”      
 
6. 
 
Mr. Farooq H. Nack, learned Sr. ASC appearing for the 
petitioners and representative of Election Commission for Pakistan are in 
attendance were inquired as to why the election of the vote to which the 
Chairman belongs to has not been held yet and the vacancy of the 
CIVIL PETITION NOs. 731-K & 732-K OF 2018 
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Chairman has not been filled up. It was stated that though the Secretary 
Local Government, Sindh had intimated about the demise of the 
Chairman but on account of over engagement in the election of National 
and provincial assembly, this matter escaped the attention. We thought 
the explanation offered is not satisfactory, yet instead of entering into 
such controversy as to the cause of delay. 
 
7.   
 
We have heard the learned counsel for the parties as well as 
AAG, Sindh with their able assistance and perused the record. 
 
8. 
 
Mr. Farooq H. Naek, learned Sr. ASC for the petitioners 
contends that section 24 of the Act, 2013 does not cater to the 
eventuality that is occurred in the instant case, according to him it is not 
a causal vacancy as the title section shows it is in fact absence of the 
office of the Chairman, Municipal Committee on account of death of the 
Chairman. He however, concedes that the vacancy that has occurred on 
account of a death of the Chairman in any case is to be filled up bye-
election.  
 
9.  
 
Mr. Khalid Javed, learned ASC for the respondent No.5 
contended that the vacancy of the Chairman cannot be filled up unless 
the election to the vote to which the Chairman himself belongs is held 
and filled up, only then the quorum to elect the Chairman, Municipal 
Committee would be available, therefore, according to him first the 
election of the vote is to be held, followed by the election of the Chairman 
which argument was controverted by Mr. Farooq H. Naek, learned Sr. 
ASC.   
 
10. 
 
Mr. Farooq H. Naek, learned Sr.ASC has drawn our attention 
to Article-67 of the Constitution which postulates that, notwithstanding 
any vacancy in National or Provincial Assembly, the proceedings 
continue and cannot be called in question and so also similar provision 
CIVIL PETITION NOs. 731-K & 732-K OF 2018 
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is contained in section 83 (9) of the Sindh Local Government Act, 2013 to 
urge that no proceeding of a counsel shall be invalid by reasons only of 
the existence of any vacancy in or defect in the Constitution of the 
counsel. Similar provision is contained in section 130 of the Election Act, 
2017. He has also relied upon the case of Al. Jehad Trust and another 
versus Federation of Pakistan and others (PLD 2011 Supreme Court 
811).      
 
11. 
 
Having heard the arguments and perused the record. It may 
be observed that the power of a Chairman can in his absence from 
Pakistan or for any other cause that preclude him to exercise his powers 
of functions in such eventuality the Deputy Mayor or as the case may be 
Vice Chairman could exercise such powers. Such powers as delegated 
under mandate of the provision of sub-section (2) of section 80 of the Act, 
2013 reproduced above is by operation of law for which no Notification is 
required to be issued by the Government. However, that is elapsed in the 
Act, 2013 which does not cater for a situation when a vacancy has fallen 
vacant on account of a demise of the Mayor, Chairman or a Vice 
Chairman or Member of the Union Council or Union Committee. Law 
only mandates if such office has fallen vacant in terms of section 24 of 
the Act, 2013, the new Mayor, Deputy Mayor, Chairman or a Vice 
Chairman, or member of the Union Council shall be elected or 
nominated, as the case may be in the prescribed manner within thirty 
days when such vacancy is notified. 
 
12. 
 
 Learned AAG, Sindh and so also Mr. Farooq H. Naek, 
learned Sr. ASC for the petitioners candidly conceded that no manner is 
provided for nomination in case of a vacancy resulting out of the demise 
persons noted above. Resort to sub-section (2) of section 80 of the Act, 
2013, under the circumstances of the case, cannot be taken. Only 
possibility open to court here is to direct the  Election Commissioner for 
Pakistan to hold free and fair election to the office of the Chairman and 
CIVIL PETITION NOs. 731-K & 732-K OF 2018 
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at the same time to take measures to hold the election to the seat of 
Chairman Municipal Committee, Dadu, that has fallen vacant within 
thirty days for which process has already commenced by Mr. Justice (R) 
Sardar Muhammad Raza Khan, the Chief Election Commissioner for 
Pakistan, District Returning Officer, Returning Officer and Assistant 
Returning Officer  have already been appointed  on 6th September, 2018 
as per a letter placed on record. Secretary Local Government in 
attendance assures that in the meantime, the Election Commissioner 
may nominate any Member of the Municipal Committee to conduct day-
to-day affairs till the election of the Chairman, Municipal Committee, 
Dadu.  
 
13. 
 
Thus for the foregoing reasons, both these petitions are 
converted into appeal and allowed in the terms noted above.    
          
JUDGE 
 
 
JUDGE 
 
 
 
JUDGE 
Karachi, the 
7th of September, 2018 
arshed 
 
Approved For Reporting 
