| Citation(s) |
|---|
| 1993 SLD 735 = 1993 CLC 304 |
Lahore High Court
Writ Petition No. 10057 of 1992, decided on 14th November, 1992.
Presented By: Before Shaikh Abdul Manan, J
Malik Abdus Sattar Chughtai for Vice-Chairman. Muhammad Iqbal Vehniwal on behalf of A.-G.
Writ Petition No. 10057 of 1992, decided on 14th November, 1992.
Presented By: Before Shaikh Abdul Manan, J
Malik Abdus Sattar Chughtai for Vice-Chairman. Muhammad Iqbal Vehniwal on behalf of A.-G.
Sh. MUZAFFAR ALI JAWA, CHAIRMAN TOWN COMMITTEE TANDLIANWALA, DISTRICT FAISALABAD ---Petitioner
VERSUS
DEPUTY COMMISSIONER, FAISALABAD and 2 others---Respondents
Law: Constitution of Pakistan, 1973
Section: 199
a. Punjab Local Councils (Vote of No-Confidence against Chairman and Vice-Chairman) Rules, 1980--- ---R. 2---No-confidence motion against Chairman of Local Council---Deputy Commissioner had no statutory obligation to hold an enquiry into the genuineness or otherwise of requisition particularly when no application to that effect was filed before him Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Disputed questions of fact could not be gone into in Constitutional jurisdiction. Punjab Local Councils (Vote of No-Confidence against Chairman and Vice-Chairman) Rules, 1980--- ----R. 2---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Fourteen (14) councilors out of nineteen (19), decided no-confidence motion against petitioner---Sixteen (16) councilors attended meeting wherein motion of no-confidence was moved against petitioner---Petitioner had not objected to the procedure which was adopted for motion of no-confidence----Proceedings of no-confidence motion did. not indicate violation of any of the rules---No case was made out warranting interference by High Court---Constitutional petition was dismissed in circumstances. Mian Muhammad Masud Ahmad v. Assistant Commissioner, Kharian and 8 others PLD 1983 Lah. 92 ; Wall Muhammad and another v. The State PLD 1976 SC 287 and Mian Mushtaq Ahmad v Deputy Commissioner Sargodha and 11 others 1982 SCMR 775 ref. Ch. Hainid-ud-Din, Muhammad Farooq and Shaista Qaiser for Petitioner. Abid Hasan Minto for 14 Councillors. Malik Abdus Sattar Chughtai for Vice-Chairman. Muhammad Iqbal Vehniwal on behalf of A.-G. ORDER 'These are two writ petitions Nos.10057-92 and 10589-92 filed by Sh. Muzaffar Ali Jawa, Chairman Town Committee Tandlianwla, District Faisalabad, against no-confidence motion proceedings conducted by respondent No.l Deputy Commissioner, Faisalabad and respondent No.2 Assistant Commissioner Samundri, District Faisalabad. Both the petitions can be disposed of by this single order. Copy of first writ petition was ordered to be handed over to the learned Advocate-General to assist this Court with a further direction…