Law:

Section: 21(3),280,282

(a) Cantonments Act (II of 1924)--- ----S. 21(3)---Cantonment Board---Vice-President, removal of---No Confidence Motion against Vice-President tabled in an ordinary board meeting---Legality---Section 21(3) of the Cantonments Act, 1924 provided for a "specially convened meeting" to remove the Vice-President of the Cantonment Board, which envisaged sufficient notice to the parties for the purpose of resolution of the "No-Confidence Motion"---Impugned "No-Confidence Motion" moved against the Vice-President, in the present case, was in an ordinary board meeting, which was against the spirit of S.21(3) of the Cantonments Act, 1924---Impugned "No-Confidence Motion" was declared without lawful authority---Constitutional petition was allowed accordingly. (b) Cantonments Act (II of 1924)--- ----Ss. 280 & 282---Cantonment Board---Necessary rules and by-laws under the Cantonment Act, 1924 for regulating the business of Cantonment Boards not framed---High Court directed the Federal Government to ensure framing of model by-laws for running the affairs and business of the Cantonment Boards, to bring certainty and uniformity in procedure and proceedings. THIS JUDGMENT DELIVERED BY: SHAHID JAMIL KHAN, J.--- Petitioner, being elected Vice-President of Cantonment Board Gujranwala ("the Board"), has assailed special agenda for No Confidence Motion ("NCM"), against the petitioner, carried through impugned letter dated 08.09.2018 for tabling it in an Ordinary Board Meeting. 2. Learned counsel for the petitioner read subsection (3) of Section 21 of The Cantonments Act, 1924 ("Act of 1924") to submit that a special meeting was required to be convened for the purpose of NCM against an elected Vice-President. By referring to Notice dated 06.09.2018 (Annex-B), he supported the fact that the meeting, in which NCM was placed, was an Ordinary Board Meeting, already convened for 08.09.2018. Rana Amir Iftikhar, Advocate, representing the respondent Board, did not controvert the fact that the NCM was placed in an already scheduled Ordinary Board Meeting, without providing sufficient time to convene a Special Meeting for this purpose. He apprised; though the NCM was carried but the…

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