Law: Constitution of Pakistan, 1973

Section: 199

Keywords: Result: Writ Petition Dismissed QALANDAR ALI KHAN, J: Noor Muhammad and Shamzad Khan, District Nazim and District Naib Nazim, respectively, of District Council, Torghar, petitioners, invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, for declaration of no confidence notice dated 12.04.2016 against them by respondents No.9 to 16 as illegal, void, and nullity in the eye of law. 2. The No Confidence Notice has been assailed, inter alia, on the grounds that after having been elected as District Nazim and District Naib Nazim, respectively, with majority of votes of members of the District Council, the affairs and business of the District Council Torghar were being run smoothly by them and the passing of budget by them from the District Council in the recent past bore testimony to the fact that they commanded confidence of the District Council; but through a conspiracy by the opposition members in the District Council who were also joined in their this design by members elected on PTI ticket i.e. respondents No.17 to 24 who, according to the petitioners, would be facing defection clause in case they joined No Confidence bid against their own District Government, were bent upon to dislodge the sitting Government which was performing its functions smoothly and had not only succeeded in passing the budget but had also secured developmental fund to the tune of Rs.19.53 million, which shall laps in case No Confidence Motion was carried, in the first place, and then defection clause is applied to the members elected on PTI ticket for joining No Confidence Notice of the opposition against their own government. The petitioners refuted allegations contained in the impugned No Confidence Notice, and contended that there has been a fair and equitable distribution of developmental funds amongst all the members of government and opposition alike and, likewise, funds were allocated to the female members of the council in a just and equitable manner and, as such, there has been no discrimination either in the allocation of funds or functioning of the District Government. It was further alleged…

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