| Citation(s) |
|---|
| 2004 SLG 1306 2004 SLD 1306 2004 SCMR 1903 |
Supreme Court of Pakistan
Civil Petitions Nos.1091, 1092, 1106, 1116 to 1118 of 2004, 1204 to 1213 of 2004, 1390-L to 1396-L, 1403-L, 2075-L of 2004 and 2198-L of 2004, decision dated: 16-07-2004
NAZIM HUSSAIN SIDDIQUI, C.J. AND FAQIR MUHAMMAD KHOKHAR, J
Naseer Ahmed Bhutta, Advocate Supreme Court and Raja Abdul Ghafoor. Advocate-on-Record for Petitioners. (in C. Ps. Nos. 1204 to 1213 of 2004, 1447-L of 2004, 1463-L and 1464-L of 2004). Malik Muhammad Aslam, Advocate, Supreme Court for Petitioners (in C.
Civil Petitions Nos.1091, 1092, 1106, 1116 to 1118 of 2004, 1204 to 1213 of 2004, 1390-L to 1396-L, 1403-L, 2075-L of 2004 and 2198-L of 2004, decision dated: 16-07-2004
NAZIM HUSSAIN SIDDIQUI, C.J. AND FAQIR MUHAMMAD KHOKHAR, J
Naseer Ahmed Bhutta, Advocate Supreme Court and Raja Abdul Ghafoor. Advocate-on-Record for Petitioners. (in C. Ps. Nos. 1204 to 1213 of 2004, 1447-L of 2004, 1463-L and 1464-L of 2004). Malik Muhammad Aslam, Advocate, Supreme Court for Petitioners (in C.
GHULAM MUSTAFA INSARI and 48 others
VS
GOVERNMENT OF THE PUNJAB and others
Law:
Section:
(a) Punjab Local Government Ordinance (XIII of 2001)---Ss. 85, 92, 75, 80, 81, 87, 89, 90 & 148---Punjab Local Government Recall Motion Against the (Nazims and Naib Nazims) Rules, 2003--¬Punjab Union Administration Rules of Business 2002, Rr. 3, 4, 5, 6, 9, 12(2), 14, 15, 16, 17, 18 & 20---Punjab Local Government (Taxation) Rules 2001, Rr. 4(1), 5 & 9---Constitution of Pakistan (1973), Arts.25 & 261---Union administration---Internal call motion---Procedure---Validity of Ss. 85 & 92 of Punjab Local Government Ordinance, 2001 on the touchstone of preamble of the said Ordinance and Constitution of Pakistan---Naib Union Nazim may preside over the meeting of the Union Council only in the absence of a Union Nazim---Naib Union Nazim presides over the meeting of the Union Council for consideration of a recall motion against the Union Nazim under S. 65, Punjab Local Government Ordinance, 2001---No other function has been assigned to Naib Union Nazim by or under the Punjab Local Government Ordinance, 2001 or the Rules---Office of Naib Nazim was created in order to cater for a contingent situation when the Nazim was unable to perform the duties and functions of his office---Union Nazim and Naib Nazim do not constitute one and the same class of persons---Union Nazim occupies a primary and pivotal position -and he is a kingpin of the Union Administration as well as the Union Council---Classification qua both Nazim and Naib Nazim is reasonable, rational and with intelligible differentia--Position of a Union Nazim being quite different in nature from that of Naib Union Nazim, Legislatures is empowered to provide a `somewhat different procedure for internal call motion in respect of these offices notwithstanding that Nazim and Naib Nazim are directly elected as joint candidates under Ss.87 and 148 of the Punjab Local Government Ordinance, 2001---Legislature can provide the same or different procedure for internal call motion for the offices of Union Nazim and Naib Union Nazim---Provisions of Ss.85 and 92 of the Ordinance in the context of different procedure for internal call motion against Union Nazim and Naib Nazim are valid and do not offend any…
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