5113/2023 Const. P. Hamid uz Zafar (Petitioner) V/S Province of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
5113/2023 Const. P. Hamid uz Zafar (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 18-DEC-24
Section 119 of the Sindh Local Government Act, 2013, primarily deals with the establishment and composition of the Provincial Local Government Commission. It outlines that the Commission shall consist of the Minister for Local Government, who serves as the Chairman, and two members of the Provincial Assembly of Sindh, nominated by the Leader of the House and the Leader of the Opposition. However, it does not explicitly address the tenure of members or the implications of the dissolution of the Provincial Assembly on their positions. Besides, Rule of the Provincial Local Government Commission (Conduct of Business) Rules, 2017, do not directly address the issue of a member's tenure or the impact of the Provincial Assembly's dissolution. It primarily outlines serving of notice and hearing before removing members. The Commission's rules do not address the salary issue for former MPAs on the Commission. As MPAs are already public servants with salaries. The court cannot decide if the former MPA can claim additional salary for their role on the Commission as the rules do not provide clear guidance on this matter.