Law:

Section:

(a) Punjab Local Government Ordinance (VI of 1979)------- S.31---Punjab Local Councils (Vote of No-Confidence against Chairman and Vice Chairman) Rules, 1980, R.3---Constitution of Pakistan (1973), Art.199-- Motion of no confidence moved against petitioner---First No-Confidence Motion moved against petitioner had failed on 12-1-1989 and subsequent meeting for consideration of No confidence Motion was convened on 16-5-1991---Validity-- Second or subsequent motion of no-confidence was not competent if same was not moved within thirty-days after an interval of every six months calculating from the date of rejection of earlier No-confidence Motion---First Motion of No-confidence having failed on 12-1-1989, subsequent motion could be moved within thirty days from six months interval-- Working out six months interval, present motion moved in 1991, could be moved from 13-4-1991 to 12-5-1991-- Meeting called for considering No-Confidence Motion on 16-5-1991 would fall beyond thirty days after interval of six months, therefore, same was not competent within meaning of S.31(3), Punjab Local Government Ordinance, 1979---Provision of S.31, Punjab Local Government Ordinance, 1979 being mandatory, consequences for non-compliance of this provision would be that no confidence motion would be deemed to have been moved and rejected-- Meeting scheduled to be convened on 16-5-1991 for considering a "not competent" Motion of No-confidence was thus declared to be without lawful authority and of no legal effect. Barkat Ali's case P L D 1982 Lah. 83 and 1980 S C M R 156 ref. (b) Interpretation of statutes------- What had been enacted must be given full effect and extraneous considerations could not be employed to make it redundant. 1980 S C M R 156 rel. (c) Words and phrases------- Term "competent" means duly qualified; having sufficient ability or authority; possessing requisite natural or legal qualifications; and legally fit. Black's Law Dictionary (Fifth Edition) rel. (d) Words and phrases------- Term "incompetency", means lack of ability, legal qualification or fitness to discharge the required duty. JUDGMENT Khuda Bakhsh Khan has filed the…