Per Sarmad Jalal Osmany, J-Constitution of Pakistan (1973) Arts. 105, 129, 139 & 199-
Upon a combined reading of the afore-stated provisions of the Constitution as well as the Sindh Government Rules of Business, 1986, we are of the firm opinion that only the Governor has the right and authority to nominate/appoint the Provincial Zakat Council. Upon perusal of the record it transpires that the summary for the formation of a new Zakat council was prepared by the respondent no. 1/Secretary and submitted for the consideration of the Chief Secretary and thereafter for that the Chief Minister all of whom approved it base upon which the impugned notification was issued. This summary was never submitted to the Governor as required under the Rules. Hence, in our view such notification did not have the sanction of law or the rules viz. the Constitution of Pakistan, the Zakat and Ushr Ordinance and the Sindh Government Rules of Business. Consequently, the two notifications issued by the Government of Sindh on 22-5-2004, withdrawing the earlier notification, dated 9-12-2003, whereby the Provincial Zakat Council was established by the Governor and establishing a new Zakat Council respectively were void ab intio and without lawful authority. [p. 1150] A
Raja Qureshi for Petitioner.
Anwar Mansoor Khan, A.G. Sindh and
Abbas Ali for Addl. A.G for Respondent.
Respondent no. 7 in person.
Dates of hearing : 16th April, 22nd 234d and 24th June, 2004