Law:

Section:

North-West Frontier Province Local Government Ordinance (XIV of 2001)-------Ss. 85 & 136---Constitution of Pakistan (1973), Art.199---Constitutional petition---Internal recall of Union Nazim---Application/notice for---Applicants, who were elected Union Councillors submitted an application/notice to Naib Nazim concerned for convening a meeting of the union for the internal recall of Union Nazim---Applicants had alleged that in their opinion Union Nazim was acting against the public policy, against the interest of the people and had neglected work of the residents of the Union Council and in doing so he had lost the confidence of the members of the Union Council---Naib Nazim, before whom application was filed admitted that he received written application/notice of applicants, but he did not call the session as he believed that powers and functions of applicants had been suspended by the Zilla Nazim---Zilla Nazim, in his comments had denied that he had suspended the powers and functions of applicants and had contended that only notice was sent to applicants to provide them a chance of hearing in their matter---Applicants, in circumstances, were fullfledged members of concerned Union Council until a decision was finally given against them for their removal from such membership and they had all the powers and functions, as well as the rights and liabilities of such membership of the Union Council concerned---Naib Nazim had no authority to postpone calling of session of Union Council on the ground that applicants as members had no power and functions which were allegedly suspended/ held in abeyance by Zilla Nazim illegally---High Court, declared that as Zilla Nazim had already withdrawn' his illegal order of suspending/ holding in abeyance powers and function of applicants, Naib Nazim was duty bound to call session of Union Council within next three days. Naz Ellahi Moghal for Petitioner. D.A.-G. and Nisar Hussain Khan for Respondents. Respondent No.4 in person. Date of hearing: 14th June, 2006. JUDGMENT SALIM KHAN, J.--- This judgment shall also dispose of Writ Petition No.129 of 2006 titled Wasim Hassan Raja v. Secretary Local Government and others, Writ…

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