Law:

Section:

Punjab Local Government Ordinance (XIII of 2001)------Ss. 156(3)(5) &186(2)---Vacancy of Tehsil Nazim or Naib-Nazim--­Holding of election for such seat on officiating basis under orders of Secretary, Local Government and District Coordination Officer--­Validity---House had to elect its officiating Naib-Nazim to run the affairs of Council, till the same, was filled in through bye-election to be conducted under orders of Chief Election Commissioner--For holding election' for such seat on officiating basis, no other provision existed in Punjab Local Government Ordinance, 2001 except S.186(2) thereof--­Holding of election for such seat on officiating basis under orders of the Secretary, Local ,Government and District Coordination Officer would not be violative of any provision of the .Ordinance---Such arrangement would be- in conformity with spirit of law and democracy to run the affairs of .Council during transitory period through officiating Naib­Nazim, if he enjoyed support of majority of the House---Bye-elections would be held under orders of Chief Election Commissioner, while vacancy of Tehsil Nazim or Naib-Nazim could be filled in for officiating purposes through election under orders of Secretary, Local Government. Dr. Khalid Ranjha. and Rana Muhammad Arif for Petitioner. ORDER Briefly the case of the petitioner is that he is member of Tehsil Council, Pattoke by virtue of being Naib-Nazim of Union Council No. 85 Baghiana Tehsil Pattoke District Kaiur. Naib-Nazim Tehsil Council resigned oft 13-8-2003 to participate in the election of Nazim. On submission of his resignation office of Naib-Nazim became vacant. Seat of Tehsil Nazim was filled in through bye election on 8-9-2003 whereby Rana Muhammad Ishaque Khan was elected as Tehsil Nazim who took over the charge on 17-9-2003. Nazim belongs to petitioner's group. He started probe into the illegalities committed by his opponents. Respondent No.l issued notification for election of officiating Naib­Nazim of Tehsil Council Pattoke on 25-10-2003. Respondent No.2 published the schedule for meeting of Tehsil Council to elect its officiating' Tehsil Naib-Nazim on 27-10-2003 and election was held on 28-10-2003.…

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