Law: Khyber Pakhtunkhwa Local Government Act, (XXVIII of 2013)

Section: 84

Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013)--- ----S. 84---District Nazim and Naib Nazim---No-confidence motion---Contention of petitioners was that alleged no confidence notice was illegal, void and nullity in the eye of law---Validity---No-confidence motion was part of a democratic process---Elected representatives of Local Government should be prepared to face no-confidence and defeat the same through democratic process---Continuing confidence of District Council was sine qua non for smooth functioning of District Government---High Court, under constitutional jurisdiction, was not the forum to adjudicate upon the bona fide or mala fide on the part of petitioners---Courts were meant for adjudication of cases on merits in accordance with law and Constitution---Constitutional petition was dismissed in circumstances. 2004 YLR 1979 distinguished. THIS JUDGMENT PASSED BY: QALANDAR ALI KHAN, JUSTICE:---.--- 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 Nos.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 Nos.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…

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