| Citation(s) |
|---|
| 1982 SLG 734 1982 SLD 734 1982 PLD 266 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 45-R of 1982, decision dated: 13-04-1982.
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHAIKH AND M. BURHANUDDIN KHAN, JJ
Muhammad Nawaz Abbasl, Advocate Supreme Court, instructed by Ch. Akhtar Ali Advocate-on-Record.. Nemo.
Civil Petition for Special Leave to Appeal No. 45-R of 1982, decision dated: 13-04-1982.
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHAIKH AND M. BURHANUDDIN KHAN, JJ
Muhammad Nawaz Abbasl, Advocate Supreme Court, instructed by Ch. Akhtar Ali Advocate-on-Record.. Nemo.
Subedar MUHAMMAD AKRAM
VS
ASSISTANT COMMISSIONER, KAHUTA AND 10 others
Law:
Section:
Punjab Local Government Ordinance (VI of 1979)--- S. 31(2), (3)-No-confidence motion-Sub-S. (2) of S. 3I--Relates to second or subsequent motion of no-confidence against Chairman or Vice-Chairman and such motion could not be moved except with an interval of six months but does not relate to first no-confidence motion. ORDER , . M. 13URHANUDDIN KHAN,~J.-By this petition leave is sought against the judgment of the Lahore High Court, Rawalpindi Bench dated 3-3-1982 whereby Writ Petition No. 584 of 1981 was dismissed. 2. The petitioner Subedar Muhammad Akram was declared elected Member of the Union Counsel, Hothla, Tehsil Kahuta, District Rawalpindi. He was elected Chairman of the said Union Council and. took over the charge of his office on 17-1-1981. On 6-12-1981 respondents No. 2 to 10 Members of the said Union Council submitted to the Assistant Commissioner, Kahuta a signed requisition asking to convene a special meeting of the Union Council to consider Motion of No Confidence against the petitioner. Respondent No. 1 asked the office on 9-12-1981 to put up notice for all the members. On 9-12-1981 notices were issued under rule 3(2) of the Punjab Local Councils (Vote of No-Confidence against Chairman and Vice-Chairman) Rules, 1980 to all the members of the Union Council for attending a special meeting to consider the Motion against the petitioner Chairman and ViceChairman on 17-12-1981 Pt 10 a.m. in the office of the Union Council. The petitioner questioned before the Assistant Commissioner the legality of the meeting on the ground that the Motion was incompetent but it was rejected by the A. C. and the meeting was held and the Motion of No-Confidence was carried against the petitioner: 3. The learned counsel for the petitioner strenuously contended that the A. C. Respondent No. I issued single notice to the Members of the Union Council for holding the special meeting to consider the No-Confidence Motion against the Chairman and Vice Chairman and, therefore, it 'was illegal; and further contended that separate notices ought to have been issued for 'consideration of the No Confidence Motion against the Chairman and Vice Chairman. This argument was repelled by…
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