Law: Sindh Local Government Act, ( XLII of 2013)

Section: 79,81,82

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Local Government Act (XLII of 2013)--- ----Ss. 82, 81 & 79---Council and Town Committee---Functions of the Council---Executive powers and conduct of business---Meetings of Council---Motion for no-confidence---Scope----Petitioners, who were Chairman and Vice-Chairman of Town Committee/Council formed under the Sindh Local Government Act, 2013; impugned notification under which process for presiding of "motion for no confidence" was set out, which was moved by certain members of the Committee---Contention of petitioners was that such motion was mere political rivalry and contrary to law---Validity---"No confidence motion" was part of democratic process and persons who had been democratically elected for leading a house in any capacity should be prepared to face any move of "no confidence" and try to defeat the same through democratic process instead of taking refuge under technicalities---Process of "no confidence" had been given in the Sindh Local Government Act, 2013 and High Court could not restrain members of Council from taking part in a process which was permissible---Constitutional petition was dismissed, in circumstances. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, J.--- The petitioner in C. P. No.D-562/2019 is Chairman of Municipal Committee, Mirpurkhas while the petitioners in C.P. No.D-563/2019 are Chairman and Vice-Chairman of Town Committee, Jhudo respectively. Some of the Members/ Councilors have placed a 'Motion for No Confidence' before the concerned Chief Executive Officer of the Committee and subsequent to such 'No Confidence Motion', Chief Secretary, Government of Sindh has issued a notification whereby the presiding officers have been nominated for presiding over the meeting regarding 'No Confidence Motion'. 2. The contention of learned counsel for the petitioners is that the entire process of 'No Confidence Motion' is contrary to law and the same is the result of political rivalry. It is also their contention that since the process of no confidence is contrary to law, respondents may be restrained from holding special meeting for 'No Confidence Motion'. 3. We have heard the arguments and have gone through the available material. 4.…

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