Law: Punjab Local Government Act, 2013

Section: 35,144

Law: Punjab Local Government (Vote of No Confidence) Rules, 2018

Section: R.4(1),6(4)

Punjab Local Government Act (XVIII of 2013)--- ----Ss. 35 & 144---Punjab Local Government (Vote of No Confidence) Rules, 2018, Rr. 4(1) & 6(4)---Vote of no confidence---Procedure---Opportunity of hearing, providing of---Local government elections---Petitioners were returned candidates and were aggrieved of not being provided opportunity of hearing by the Presiding Officer against no-confidence vote to their nomination---Validity---Provision of R. 6(4) of Punjab Local Government (Vote of No-Confidence) Rules, 2018 was not applicable to proceedings before the Presiding Officer under R. 4(1) of Punjab Local Government (Vote of No-Confidence) Rules, 2018 when he was to decide as to on which date meeting was to be called for considering motion---Presiding Officer was to notify person against whom no-confidence motion was to be pleaded before the House to defend himself which notices were already issued to petitioners requiring them to defend themselves---Issuance of notice to petitioners before fixing date for considering motion of no-confidence against them was not a legal requirement, non-compliance of which would have rendered said notice as illegal or without jurisdiction---No prejudice was caused to the petitioners because they had right to defend no-confidence motion filed against them before the House in meeting fixed for the purpose---High Court declined to interfere in order passed by Presiding Officer---Constitutional petition was dismissed in circumstances. Shahida Bibi and others v. Habib Bank Limited and others PLD 2016 SC 995 and Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 rel. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, J.---- Through instant constitutional petition, the petitioners have prayed as follows: "It is, therefore, most humbly and respectfully prayed that instant writ petition may kindly be accepted and impugned letters dated 12.12.2018 for so-called no confidence motion be declared against the law and facts and, in the consequence of letters dated 12.12.2018, the holding of special meeting on 22.12.2018 in Committee Hall, Pasrur may very kindly be declared illegal, unlawful, void ab-initio and while…

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