' This petition has been filed seeking a declaration that the officiating Nazim once elected under.
Section 156 of the Sindh Local Government Ordinance, 2001 can retain his seat till he enjoys the majority of the Union Council. They have further sought many other declarations. Notice has been issued and respondent No, 1 is available in Court along with his Advocate. He has also produced a photocopy of an order, dated 10-10-2003 passed by M. N. Abbas, Director-General. Provincial Local Goverment Commission, Government of Sindh wherein he has stated that as per the decision of the Provincial Local Government Commission in the meeting held on 30-9-2003 Furqan Ansari, respondent No,1 herein, may continue as officiating Nazim of UC-6 Hakeem Ahsan, North Karachi Town, Karachi.
2. According to petitioner the post of Nazhn became vacant on 23-8-2002. Till that no elections have been held, and therefore, the officiating Nazim is carrying on.
3. According to section 156(4) of the Sindh Local Government Ordinance, 2001 the vacancy of Union Nazim or Union Naib Nazim has to be filled in by holding a bye-election within 120 days of the occurrence of the vacancy. More than 120 days have passed and still the bye-elections have not been held. We-would, therefore, dispose of this petition with a direction to the Provincial Election Commissioner Sindh to hold bye-elections for the post of Union Council Nazim within two months hereof. This is a mandatory provision of law and, therefore, it has to be strictly adhere to.
4. Till as such time the elections are held and the post is filled upthe officiating Nazim shall not interfere in the affairs of the Union Council.