MUSHIR ALAM, J. -- This petition is listed today for Kacha Peshi. Comments on behalf of the respondent No. 2 i.e. Secretary to Local Government, Government of Sindh have been filed: By consent of the learned counsel for the parties, this matter was heard on merits and is being disposed of accordingly.
2. The petitioners who are shown to be residents of various villages within the territorial jurisdiction of Municipal Corporation, Sukkur, through this petition, have impugned the notification dated 24.7.1997, issued by Additional Chief Secretary, Local Government, Government of Sindh, in purported exercise of powers vested in him under Sections 8 and 13 of Sindh Local Government Ordinance, 1979, whereby, it was proposed to exclude the areas/villages of Bachal Shah of deh old Sukkur, Arain of deh Arain, Abad Jagir of deh Abad and village Saeed Abad deh Saeed Abad from the territorial limits of Sukkur Municipal Corporation. The notification is impugned, on the grounds inter alia, that the said notification is ma/a fide, politically motivated and same has been opposed and resisted not only by the residents of the respective villages proposed to be excluded but also by various welfare organizations and so also by various political parties as well.
3. Mr. Imdad Awan learned counsel for the petitioners has contended that the areas/villages proposed to be excluded from the Municipal limits of Sukkur Municipal Corporation (SMC) are part and parcel of the SMC since considerable long, time and the residents of such areas/villages are enjoying all the incidence of urban area, as are being extended by the SMC:
4. It was further contended that without wide publicity and there being any justification impugned notification was issued on the basis of some expediency which was neither existing nor shown to have existed. On the contrary, the proposed exclusion is against the wishes of the residents of the area and they have by and large opposed such exclusion through representations and by press.
5. Learned counsel for the petitioners has drawn our attention to pares 6 and 7 of the petition which reads as under:- "(6) That the respondents have played at the instance of some political slots, while issuing this impugned notification dated 24th July, 1997, making the grounds, that it is expedient to exclude the areas consisting of village Bachal Shah of deh old Sukkur, village Arain of deh Arain, Village of Abad of deh Abad and village Saeedabad.
(7) That in the light of the above interpretation of the word expedient , the impugned notification appears to have been issued with mala fide and ulterior designs in order to degenerate and decrease collection of the taxes, and also deprive the residents of the areas from the enjoyment and benefit of the civic benefits and allowances of the Corporation."
6. The respondent No. 2 has admitted the contents of paras 6 and 7 reproduced above, in the comments. The respondent No. 2 in the comments has also admitted that impugned notification has been criticized by large segment of society. The respondent No. 2 in the comments has also admitted that impugned notification has been issued on political considerations.
7. Mr. Zawar Hussain Jafri learned AAG has opposed the petition, and has submitted that the petition is pre-mature as the impugned notification is merely a proposal and no effect has been given to it. He has drawn our attention to the concluding remarks contained in the comments which reads as under:- "It is respectfully submitted that the notification impugned has not been given effect and areas proposed have not yet been excluded and the notification after the expiry of the period remained dormant. However, the withdrawal notification of the impugned is under process. The petition is pre-mature and notification was only proposal."
8. According to him, this being the case the petition is liable to be dismissed as pre-mature.
9. When the learned AAG was confronted with the admission made by the respondent that the impugned notification has been criticized by and large and that same is politically motivated and is mala fide, he found himself in a lurch and had no arguments to defend the impugned notification.
10. It is admitted position in law that all executive acts, deeds are done, performed in good faith and in exercise of authority vested in them by law and the orders, notification and by-laws are issued in due and proper exercise of jurisdiction, strictly in accordance with law, by application of independent and judicious mind, in good faith and uninfluenced by any motivation or consideration may it be, political or otherwise.
11. Applying above test to the notification impugned in this petition, the petitioners have successfully demonstrated that same has been issued ma/a fide, with, political motivation and not in good faith. Therefore, in view of the above, once such conclusion is drawn, there is hardly any justification to sustain the impugned notification and it is proper to nip the same in the bud.
12. In view of the above the petition is allowed and the impugned notification dated 24th July, 1997 issued by the respondents is declared illegal and void and same is quashed. The petition is accordingly allowed with no, order as to costs.