Law:

Section:

(a) Punjab Local Government Ordinance (VI of 1979)- 5. 31 and Punjab Local Councils (Vote of No-Confidence Against Chairman or Vice-Chairman) Rules, 19480, rr. 2, 3 & 5---Requisition of a meeting and moving of a motion-Difference-Moving of application by members for holding meeting to consider no-confidence motion--­Does not amount to moving of no-confidence motion--Argument that after order of cancellation of meeting on first application, authority concerned had no right to review or had no locus poenitentiae--Held, without any force-Order of authority for holding meeting on second application-Held, in accordance with law. Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhl P L D 1969 S C 4`07; Malik Ghulam Muhammad v. Collector and Deputy Commissioner, Sargoqlha 1968 S C M R 739 and Mazdoor Ittehad Union v. Registrar of Trade Unions,'Multan Region, BTultan and 2 others P L D 1977 Lah. 588 cited but not examine Black's Law Dictionary ref. (b) Punjab Local Government Ordinance (VI of 1979)- _-- S. 31(2), (3)-No-confidence motion--"Interval of six months" for moving no-confidence motions-Does not relate to first motion which can be moved any time after expiry of six months from date of assumption of offices-Intention of Legislature in providing that before six months expiry, no no-confidence motion shall be moved nor, after its rejection or deemed rejection, it shall lit moved for another six months-Held, to provide security to office-holders---First motion not moved immediately after six months--Cannot be taken to have been moved and rejected and office-holder may continue to enjoy confidence thereafter. (c) Provisional Constitution Order (1 of 1991)- Art. 9-Writ jurisdiction-Holder of representative office losing confidence of vast majority of his constituents- .-Exercise of discretionary jurisdiction in favour of such person-Held, contrary to intention of law providing .for representation of electorate and against public policy-­Punjab Local Government Ordinance (VI of 1979), S. 31.--[Writ]. Where the question yeas whether discretionary Constitutional jurisdiction should be so exercised in favour of a holder of…

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