| Citation(s) |
|---|
| 2025 SLG 4141 2025 SLD 4141 = 2025 CLC 745 |
Balochistan High Court
Election Appeal (T) No. 01 of 2024, decided on 31st May, 2024.
Before Muhammad Aamir Nawaz Rana, J
Shabir Ahmed Sherani, Muhammad Bilal Mohsin, Khalil Ahmed Khatak and Farooq Ali Mastoi for Appellants. Jam Saka Dashti, Syed Ayaz Zahoor and Aster Mehak for
Respondent No.1. Muhammad Ali Rakhshani, Additional Advocate General assisted by Muhammad Raees, Assistannt Director (Law), Election Commission of Pakistan (ECP) for
Respondents Nos. 2 and 3..
Election Appeal (T) No. 01 of 2024, decided on 31st May, 2024.
Before Muhammad Aamir Nawaz Rana, J
Shabir Ahmed Sherani, Muhammad Bilal Mohsin, Khalil Ahmed Khatak and Farooq Ali Mastoi for Appellants. Jam Saka Dashti, Syed Ayaz Zahoor and Aster Mehak for
Respondent No.1. Muhammad Ali Rakhshani, Additional Advocate General assisted by Muhammad Raees, Assistannt Director (Law), Election Commission of Pakistan (ECP) for
Respondents Nos. 2 and 3..
WAHID BAKHSH and 4 others ---Appellants
VERSUS
BALOCHISTAN AWAMI PARTY through Representative/ Secretary Coordination and 2 others ---Respondents
Law: Balochistan Local Government Act, 2010
Section: V,24A
Law: Constitution of Pakistan, 1973
Section: 10A
(a) Balochistan Local Government Act (V of 2010) [as amended by the Balochistan Local Government (Amendment) Act, 2023]-------S. 24-A---Constitution of Pakistan, Art. 10-A---Chairman and Members ofMunicipal Committee---Defection---Complaint not filed by the Party Head--Competency of---Procedural requirement, non-fulfillment of---Violation of fundamental right---Effect---Non-observance of due process---Disqualification to hold seats of Chairman and Members of Municipal Committee on the basis of defection---Held, that Party Head had to make declaration in writing in case any member had committed defection on the grounds enumerated in S. 24-A of the Balochistan Local Government Act, 2010---Party Head had to forward the copy of the declaration to the Presiding Officer and the Secretary Local Government and Rural Development Balochistan and in the same manner the Party Head had to forward the copy of such declaration to the member concerned---Apart from that it had also been stipulated that the Party Head before making the declaration had to provide an opportunity to show cause to the member guilty of defection as to why such declaration might not be made against him---No declaration in the case of the appellants was made by the Party Head rather the complaint was filed by the Secretary Coordination, whereas the alleged declaration was made by Secretary General of Balochistan Awami Party---Since there was no declaration in this case by the Party Head, thus, the complaint filed by the Secretary Coordination allegedly on the strength of letter written by Secretary General was not competent being contrary to the mandatory provision of S. 24-A of the Act---Election Appeal was allowed, in circumstances, by setting aside the impugned order of disqualification and dismissing the complaint filed by the Secretary Coordination.(b) Administration of justice-------Procedural requirements---Scope---If law requires anything to be done in a particular manner, then it has to be done in the same manner or not at all, and no exception in this regard can be given.Date of hearing: 24th May, 2024.JUDGMENTMUHAMMAD AAMIR NAWAZ RANA, J.---The…