Law:

Section:

(a) Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013)--- ----Ss. 84 & 55---District Council (Procedure and Conduct of Business and Meetings) Byelaws, 2015, Clause 9---No-confidence motion against Nazim and Naib Nazim of District Council---Procedure---Local Government Commission, functions of---No confidence motion moved against Nazim and Naib Nazim succeeded wherein Presiding Officer also cast his vote---Contention of petitioners was that Presiding Officer had no authority to cast his vote---Validity---Two-third majority of the total number of members of local council electing Nazim and Naib Nazim were required for success of no confidence motion against them---Presiding Officer being a member of local council could cast his vote in no-confidence motion---Proceedings of no-confidence motion could not be called in question before Local Government Commission nor it had any mandate to reject or set aside the outcome of said motion---District Council was an independent body, however, its functions and affairs were subject to direction of the Chief Minister---Constitutional petition was dismissed in circumstances. (b) Interpretation of statutes--- ----Presumption is that legislature choose its words carefully, therefore, if a word or phrase added somewhere, such addition was not to be deemed redundant; conversely, if a word or phrase had been left out somewhere, such omission was not to be deemed inconsequential. On the Interpretation of Statutes by Maxwell 11th edition at page 311; Muhammad Ismail v. The State PLD 1969 SC 241 and Zahid Iqbal v. Hafiz Muhammad Adnan and others 2016 SCMR 430 rel. (c) Words and Phrases--- ----'Cast of vote'---Meaning---Cast of vote means. A deciding vote cast by the chair of deliberative assembly when the votes are tied. Black's Law Dictionary rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.--- Through this single judgment we intend to dispose of Writ Petitions No.356-A/2017 and No.730-A/2017 as in the above writ petitions a common question of law is involved. In Writ Petition No.356-A/2017, the petitioner Noor Muhammad seeks constitutional jurisdiction of this Court praying that; "It is therefore prayed that impugned…

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