1. Through this petition by way of quo warrant to the alleged appointment of the respondent No,6 as adviser to the respondent No,3 has been called in question.
2. On 15-12-2004, learned Advocate-General appearing for the respondents Nos,1, and 5, made a statement at the bar that the aforesaid respondents were in no manner connected with the appointment, if any, made by the respondent No,3 and were not therefore, necessary parties to the petition and their names were accordingly deleted by the petitioner. The petitioner appearing in person relied upon section 18(ii) of the Sindh Local Government Ordinance, 2001, which explicitly stipulates that the Zila Nazim shall not employ any adviser, special assistant or political secretary other than support staff and therefore, the so-called appointment of the respondent No,6 is void ab initio. He also referred to a letter dated 19-2-2004 from the then Minister of Education addressed to the Secretary Education Department that the law is being violated through such appointment and the officers of the concerned department should not obey the order of the so-called adviser, i,e, respondent No,6.
3. Mr. Manzoor Ahmed, learned counsel for respondent No,3, very fairly conceded that no such appointment could be made by the Nazim and stated on instructions that no formal appointment of any such nature has been made. He further stated that no official responsibilities on behalf of the City Government have been conferred upon the respondent No,6, nor is such respondent availing any facility from the funds of the City Government.
4. The respondent No,6 despite having been served failed to appear before the Court.
5. In the circumstances we would hold that the respondent No,6 has not been duly appointed to any position whatsoever in the City District Government, Karachi, nor is he entitled to exercise any functions as adviser or otherwise.
6. The petition in the above terms stands disposed of.