| Citation(s) |
|---|
| 2004 SLG 2818 2004 SLD 2818 2004 PLD 125 |
Supreme Court of Pakistan
Civil Petition No. 621-P of 2003 and Civil Miscellaneous Application No. 471-P of 2003, decided on 6th November, 2003.
JAVED IQBAL AND TANVIR AHMED KHAN, JJ
Barrister Masood- Kausar, Advocate Supreme. Court and Mir Adam Khan, Advocate-on-Record for Petitioners. Hamid Farooq Durrani, D.A. G.I for
Respondent No. 1. Habib-ur-Rehman, A.E.C. for
Respondent No. 3. Salah-ud-Din, A.C.O. for
Respondents Nos.5 to 7. Dr
Civil Petition No. 621-P of 2003 and Civil Miscellaneous Application No. 471-P of 2003, decided on 6th November, 2003.
JAVED IQBAL AND TANVIR AHMED KHAN, JJ
Barrister Masood- Kausar, Advocate Supreme. Court and Mir Adam Khan, Advocate-on-Record for Petitioners. Hamid Farooq Durrani, D.A. G.I for
Respondent No. 1. Habib-ur-Rehman, A.E.C. for
Respondent No. 3. Salah-ud-Din, A.C.O. for
Respondents Nos.5 to 7. Dr
SUBHANUDDIN
VS
NATIONAL RECONSTRUCTION BUREAU through Chairman and others
Law:
Section:
North-West Frontier Province Local Government Ordinance (XIV of 2001)-- ----S. 85---No-confidence motion---Validity---Leave to appeal was granted by Supreme Court to consider, whether the motion of no confidence/recall could have been passed without strict compliance of the provisions as contained in S.85(4) of North-West Frontier Province Local Government Ordinance, 2001, as Village Councils and neighbourhood Councils were yet to be constituted; whether the notice served upon the petitioner could be termed as lawful which was issued in oblivion of the provisions as contained in S.85(1) of North-West Frontier Province Local Council Ordinance, 2001, which could not be treated as directory having a definite adverse effect on the political career and future of the petitioner; whether the entire proceedings initiated and finalized qua no-confidence motion without observing the mandatory formalities were without lawful authority and jurisdiction; whether proper opportunity of hearing and defence as envisaged in S.85(6).of North-West Frontier Province Local Government Ordinance, 2001, had been afforded to the petitioner and whether the no-confidence motion rejected being violative of S.85(l)(4) of North-West Frontier. Province Local Government Ordinance, 2001, could have been repeated after a couple of days with mala fide intentions and ulterior motives against the petitioner due to intervention of District Nazim, District Coordination Officer and Assistant Coordination Officer having no locus standi in such-like matters. ORDER JAVED IQBAL, J.---After having heard Barrister Masood Kausar, learned Advocate Supreme Court on behalf of petitioner, Mr.Hamid Farooq' Durrani, learned Deputy Attorney-General for National Reconstruction -Bureau, who has not - supported the impugned judgment, Dr. Hussain Khan, learned Advocate -Supreme Court on behalf of respondent, scanning the entire record and perusing the judgment impugned, we are inclined to grant leave, inter alia, on the following points;--- (i) Whether the motion of no-confidence/recall could have been passed without…
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