SHC directs local govt dept to include detained chairman in decisions of municipal committee

The Sindh High Court (SHC) has directed the Sindh local government department that all the major and policy decisions of the Municipal Committee Sanghar shall be taken subject to meaningful consultation with the under-trial detained chairman of the municipal committee facing trial in an anti-terrorism court (ATC).

The direction came on a petition of Dilbar Khan Nizamani, the chairman of Municipal Committee Sanghar, who had challenged a notification of the Sindh local government under which functions and dominion of the Municipal Committee Sanghar chairman had been assigned to the vice chairman till the decision of a case pending in a Shaheed Benazirabad ATC against the petitioner and others.

The petitioner submitted that he was elected as the Municipal Committee Sanghar chairman on the ticket of the Pakistan Muslim League-Functional; however, he was falsely implicated in a terrorism case and was facing a trial. The petitioner’s counsel submitted that the impugned notification was issued without lawful authority as requisite space and facilities were available to the petitioner in the jail premises since February, 2017 where he could hold meetings, pursue record and files, pass orders, sign cheques of financial disbursement and perform all other functions as the chairman.

It was further argued that even the petitioner could hold a camp office inside the compound of the District Jail Sanghar. He further contended that the impugned notification was issued without any sanction and approval of a competent authority as the petitioner had been permanently restrained from performing his functions as the municipal committee chairman.

An additional advocate general submitted that the notification was rightly issued by the local government department as the chairman was detained in a prison and facing a trial before the ATC.

A division bench of the SHC, headed by Justice Mohammad Ali Mazhar, observed that it was a common phenomenon followed by almost every association or organisation that in the absence of the president or chairman for any reason, the vice president or vice chairman had to perform their duties and responsibilities, according to the by-laws or an article and memorandum of the society or association as the case may be.

The court observed that since the chairman was unable to perform his duties personally due to his confinement in jail, there was no legal disability or illegality committed to entrust his official responsibilities to the vice chairman to exercise powers and functions.

The SHC observed that it could not be denied that the petitioner was continuously performing his duties from jail since February 23, 2017 and was also allowed permission to sign cheques by the ATC, therefore, being an elected chairman despite his confinement in jail as an under-trial prisoner, he had a right to be acquainted with and remain up-to-date regarding the functions and performance of duties by all other office bearers of the council and employees as an elected chairman which was concomitant to the proper working of the council.

The court observed that the petitioner could not be excluded or secluded merely on the ground that he is behind bars when his guilt is not proved so far.

The court observed that no vote of no-confidence had been moved nor was the petitioner removed from the post of the chairman, so the downright exclusion without complying with requisite procedures of law would amount to disenfranchise the people of that particular locality who elected the petitioner as their representative in the council.

The court disposed of the petition with the directions to the local government department that though the vice chairman in absence of the petitioner may perform his duties as the chairman in terms of the sub-Section (2) of Section 80 of the Sindh Local Government Act; however, all major and policy decisions would be taken subject to the meaningful consultation with the petitioner in prison.