1. ' MRS. QAISER IQBAL -- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner Muhammad Aslam Rahu elected as Taluka Nazim of Taluka Fazal Rahu, District Badin, has challenged the order of the respondent No,1 directing the respondent No,2 District Coordination Officer (DCO) to hold an enquiry on the basis of allegations levelled by the respondents Nos.3 and 4 pertain to the alleged lease granted in the year, 2005 to his favorite person thereby violated, the rules and regulations. It is averred that sensing political defeat after recall motion against the petitioner was turned down and the State machinery became operational in order to suspend the petitioner by holding an enquiry, which has been initiated by the rival group. The Chief Minister has unlawfully initiated the enquiry through DCO, Badin, who has no power to conduct such enquiry in order to cause loss to the petitioner. The respondents in collusion with the political opponents had been harassing the petitioner, the petitioner had filed a Constitutional Petition bearing No,1592 of 2008 before this Court, which was disposed of being not pressed. The petitioner has resorted to claim following reliefs:---
(i) Declare the inquiry, proceedings by the DCO respondent No,2 are illegal, unlawful, 'unconstitutional, void ab initio and having no legal effect whatsoever.
(ii) Quash any inquiry proceedings as the allegations levelled are false mala fide and without jurisdiction and amount to vex the petitioner twice for same cause, which is not permitted under the law
(iii) Restrain the respondents, their agents, attorneys, officials or any body working on their behalf from suspending the petitioner from the office of Taluka Nazim.
(iv) Any other relief this Honourable Court may deems proper and appropriate in the circumstances of the case.
(v) Costs of the petition.
2. ' The respondents in parawise comments averred that the Chief Minister Sindh vide letter dated 22- 1-2009 had directed the District Coordination Officer, Badin to hold an enquiry against the serious charges levelled against the petitioner. Taluka Nazim and Taluka Naib Nazim did not turn up to participate in the enquiry proceedings though served with notice through Mukhtiarkar but of no avail. Respondent No,2 was directed to hold an enquiry on the basis of allegations levelled by Messrs Peso Mal and Peroz.
3. ' Learned counsel for the petitioner during the course of arguments narrated the facts as stated in the memo. Of petition, contended that the action of the respondent No,1 against the petitioner, is mala fide without jurisdiction in violation of law. Much of the emphasis has been laid on the language of section 197 of the Sindh Local Government Ordinance, 2001 contended that this provision of law does not permit to the respondent No,1 to take any action against the scheme and mechanism of the Ordinance because the District Coordination Officer cannot be appointed for holding enquiry against the petitioner.
4. ' Learned Additional Advocate-General representing the respondents Nos.1 and 2 vigorously supported and attempted to justify the impugned action whereby the respondent No,2 was appointed as Enquiry Officer.
5. ' Learned counsel for the petitioner has not challenged the facts asserted by the petitioner for recall motion set up against him and was not approved.
6. ' We have considered the arguments advanced by the learned counsel for the parties, perused the material placed on record.
7. ' Before we proceed to examine the respective contentions of the learned counsel for the parties, it will be advantageous to make reference to the preamble and various provisions of the Ordinance touched by the learned counsel in their arguments.
8. ' The Sindh Local Government Ordinance, 2001 came into force on 14th day of August, 2001 and is applicable to the whole of the Province of Sindh other than the area notified as cantonments, various independent machinery have been provided at different levels for good governance. The scope of Ordinance has been considered by a Division Bench of this Court in the case of Muhammad Shahid Alam v. The Provincial Local Government Commission and others 2004 M LD 2010 (Karachi), relevant portion reads as follows:- "Before we proceed to examine the respective contentions of the learned counsel raised before us it will be advantageous to make reference to the preamble and various provisions of the Ordinance touched by the learned counsel in their arguments, specially those, which relate to recall or removal of Town Nazim. This Ordinance, which came into force on 14th, day of August, 2001 and is applicable to the whole of the Province of Sindh other than the area notified as cantonments under the Cantonment Act, provides that it has been enacted with the object to devolve political power and decentralize administrative and financial authority to accountable Local Government for good governance, effectively delivery of services and transparent decision making through institutionalized participation of the people at grass-root level. A careful reading of various chapters of this Ordinance reveals that to achieve object of this Ordinance schemes have been made to. Provide independent administrative machineries at different levels, free from the control of the Government, except within the parameters and the manner defined by the Ordinance itself.
9. Section 4 of the Ordinance provides that the Local Government established under the Ordinance are required to function within the Provincial framework and adhere to the Federal and Provincial laws. Further in performance of their functions, the Local Government are required not to impede or prejudice the exercise of the executive authority of the Government. The involvement of the Government and its relationship which the Local Government has been visualized under Chapter XIV of the Ordinance (sections 127 to 133). While section 197 of the Ordinance relates to Removal of Difficulties and enables the Government to pass order, in order to remove any difficulty which may arise in giving effect to the provisions of this Ordinance. On the other hand, for smooth functioning of Local Governments different administrative set-ups have been provided at different levels. At District Government level such set-up is headed by Zila Nazim, who performs his functions in terms of section 18 Chapter III of the Ordinance. Another administrative set-up has been provided as Taluka/Town level which is headed by Taluka Nazim/Town Nazim, who perform their functions in terms of section 54 Chapter V of the Ordinance. A perusal of scheme of working of Taluka and Town Municipal Administration, which is relevant for the purpose of this petition, shows that by virtue of section 51 of the Ordinance all provisions relating to Taluka Municipal Administration, including sections 62 and 63, apply mutatis mutandis, to Town Municipal Administration."
10. ' The Chapter XIV of the Ordinance relates with District Government, directions of the Chief Executive of the Province, suspension of a Nazim and entrustment of certain functions to District Government, Provincial Local Government Commission, in terms of sections 127 to 133 of the Ordinance, the Chief Executive of the Province by himself or through an officer specially authorized by him, issue directives in the public interests to a Nazim for implementation, where convenience of the Chief Executive of the Province, the Zila Nazim deliberately avoiding or failing to comply the directions given by the Chief Executive for suspension of Nazim for a period of 90 days for the reasons to be conveyed to the Nazim. The Provincial Local Government Commission consisting of person's integrity and good track record of public service, has been setup in terms of section 131 for the Ordinance and assist the Provincial Local Government Commission to the Provincial Department in performance of its functions, which shall conduct the enquiry, conduct annual special inspections and submit report of the local government to the Chief Executive of the Province on its own initiative or if directions of the Chief Executive of the Province, enquire into the matter refer to it to DCO, submit to Chief Executive annual report of the performance may take cognizance of violation of laws and rules by the Local Government in performance of its functions organizes consultative meetings of National and Provincial legislators, issue directions and orders to Provincial Local Government Commission shall be binding on the concerned local government failing which the Commission shall report the matter to the Chief Executive of the Province. By virtue of section 132, the Provincial Local Government Commission can hold an enquiry initiated on its own or directions by the Chief Executive of Province itself or through Government into any matter concerning of local government and when a Nazim, Naib Nazim or a member of a Council is found guilty of misconduct, the Commission shall recommend appropriate action, including his removal, to the Chief Executive of the Province.
11. ' By virtue of section 128 of the Ordinance, the Chief Executive of the Province or any other officer specially authorized by him can only issue directions to the District Government through the concerned Zila Nazim for the following purposes:---
(a) Preventing any grave threat to public peace and order;
(b) handling emergencies and providing relief therefore; and
(c) protection and security of the people and the security and integrity of the State or any part thereof.
12. 'We have considered the legal proposition and are not impressed by the arguments of the learned Additional Advocate-General that the enquiry initiated by the respondent No,2 with reference to the allegations of corruption against was not rightly assigned to the respondent' No,2, which has not yet materialized. In our view, the matter could only be adjudicated by the enquiry committee and not by the respondent No,2. Learned Additional Advocate-General was unable to give any satisfactory reply.
13. ' Conversely, the submission of learned counsel for the petitioner that the action against petitioner to keep him away from his office are based upon mala fides seems to have force. Even if there is any substance in the allegations levelled against the petitioner for that purpose procedure provided under the law should be followed and the matter would be referred to the relevant quarters for holding an enquiry.
14. ' For the foregoing reasons, we allow this petition. The impugned order as assailed in the petition is declared to be without lawful authority and of no legal effect. The Constitutional Petition No,D-231 of 2009 stands disposed of in the above terms along with listed application.
15. ' This petition was allowed by a short order dated 11-3-2009, above are the reasons for the same.