Law:

Section:

(a) Punjab Local Government Ordinance (VI of 1979)- -- Ss. 30 & 167-Punjab Local Councils (Resignation) Rules, 1981, r. 4 - Resignation from office-Chairman Local Council - Punjab Local Council (Resignation) Rules, 1981, made in pursuance of powers under S. 167 of Ordinance-R. 4 of Rules, held, not ultra vires of S. 30 of Ordinance.-[Interpretation of statutes]. (b) Punjab Local Councils (Resignation) Rules, 1981 R. 4-Chairman Local Council-Resignation from office-Withdrawal of resignation by Chairman before meeting of Local Council is convened, held; to be placed before Council-Such resignation not put before Council, held, resultant action of Council contrary to law. (c) Punjab Local Councils (Resignation) Rules, 1981- -- S. 166-Appeal -Chairman of Local Council-Resignation, withdrawal of-Chairman of Local Council, held, may have recourse to appeal against resolution accepting his resignation which he withdraws before convening meeting of Council. (d) Punjab Local Government Ordinance (VI of 1979) --- Ss. 17 & 34-Election authority-Jurisdiction - Election authority, held, can before issuing notification as to whether in fact there was election, resignation or removal of Chairman and in case of doubt about happening or existence of fact, is empowered to see whether fact had, in fact, happened or not. . JUDGMENT This Constitutional petition has been filed by a member of the Municipal Committee, Shakargarh, District Sialkot, in the circumstances that the Chairman of the Committee, respondent No. 3, tendered his resignation on 20th of January, 1982. The respondent's case is that he withdrew the resignation on 22-1-1982. The Committee passed a resolution accepting the resignation on 23-1-1982. Communication was sent to the Election Authority for issuance of necessary notification. Respondent No. 3 moved the Election Authority saying that he had withdrawn his resignation. The Election Authority asked for a report. The Assistant Director, Local Rural Development Department, Sialkot held an inquiry in the presence of the members and came to the conclusion that the respondent had withdrawn his resignation on 23-1-1982 at 9.15 p. m. before holding of the…

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