Excessive cabinet members: Government seeks more time to file reply
Petitioner says CM has appointed too many ministers, assistants, advisers
Sindh High Court building. PHOTO: FILE
KARACHI:
The Sindh High Court (SHC) granted on Wednesday three weeks to the provincial law officer for filing comments on behalf of the Sindh government regarding the appointment of over 15 members of the Sindh Assembly by the new chief minister (CM) in excess of the number permitted by law.
Maulvi Iqbal Haider had challenged the appointment of MPAs by the new CM, saying it is a gross violation of Article 130 (6) of the Constitution, which stipulates that the strength of the cabinet must not exceed 11% of the total membership of the assembly.
CM Murad Ali Shah appointed 17 provincial ministers, advisers and special assistants on July 30 in the first phase and then further expanded his cabinet by appointing nine more ministers and 11 special assistants in the second phase, said the petitioner.
He argued that after the 18th Amendment the strength of the cabinet could not be more than 11% of the total members of the assembly. Haider argued that according to article 92 and article 130 (11), the CMs and prime minister are only allowed to appoint five advisers each.
The petitioner, therefore, requested the court to declare the excessive appointments illegal and also sought their suspension 'as they are a heavy burden upon the taxpayers'.
On Wednesday, the additional advocate-general requested for more time to file comments of the relevant authorities.
Allowing the request, the two-judge bench granted three week to file comments.
Decision challenged
The bench also granted two weeks to the provincial government for filing comments on a petition challenging giving the status of CM's adviser on law to Advocate Murtaza Wahab.
Advocate Fareed Ahmed Dayo had claimed that Wahab was given adviser's status and also appointed chairperson of the board of governors for law colleges in Karachi without being competent and solely on a political basis.
The court was pleaded to strike down his appointment as CM's adviser in addition to ordering re-constitution of the board of governors for law colleges.
Published in The Express Tribune, September 1st, 2016.
The Sindh High Court (SHC) granted on Wednesday three weeks to the provincial law officer for filing comments on behalf of the Sindh government regarding the appointment of over 15 members of the Sindh Assembly by the new chief minister (CM) in excess of the number permitted by law.
Maulvi Iqbal Haider had challenged the appointment of MPAs by the new CM, saying it is a gross violation of Article 130 (6) of the Constitution, which stipulates that the strength of the cabinet must not exceed 11% of the total membership of the assembly.
CM Murad Ali Shah appointed 17 provincial ministers, advisers and special assistants on July 30 in the first phase and then further expanded his cabinet by appointing nine more ministers and 11 special assistants in the second phase, said the petitioner.
He argued that after the 18th Amendment the strength of the cabinet could not be more than 11% of the total members of the assembly. Haider argued that according to article 92 and article 130 (11), the CMs and prime minister are only allowed to appoint five advisers each.
The petitioner, therefore, requested the court to declare the excessive appointments illegal and also sought their suspension 'as they are a heavy burden upon the taxpayers'.
On Wednesday, the additional advocate-general requested for more time to file comments of the relevant authorities.
Allowing the request, the two-judge bench granted three week to file comments.
Decision challenged
The bench also granted two weeks to the provincial government for filing comments on a petition challenging giving the status of CM's adviser on law to Advocate Murtaza Wahab.
Advocate Fareed Ahmed Dayo had claimed that Wahab was given adviser's status and also appointed chairperson of the board of governors for law colleges in Karachi without being competent and solely on a political basis.
The court was pleaded to strike down his appointment as CM's adviser in addition to ordering re-constitution of the board of governors for law colleges.
Published in The Express Tribune, September 1st, 2016.