Law:

Section:

(a) Punjab Local Government Ordinance (XIII of 2001)-------S. 85(2)---Punjab Local Government (Recall Motions against Nazim and Naib Nazim) Rules, 2003, R.12---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Recall of Union Nazim---Stages for ousting a Union Nazim---First step was the summoning of session of union council within three days from the receipt of application for recall motion, wherein deliberations upon that recall motion had to be made by the session of the union council; after the deliberations, the result of it in the shape of resolution with regard to recall motion, if positive i.e. passed with single majority of members of union council, it had to be forwarded and conveyed with copy of the record to the Election Authority, with prayer of conduct of secret balloting, upon which the Chief Election Commissioner had to arrange and manage the session of the union council for secret ballot voting upon the recall motion---Secret ballot voting was the second step, wherein that session -of union council was to decide by two-third .majority of members, as to whether to remove the Union Nazim or not, in case of failure at this step, consequences provided were to follow also---Validity of first step having been challenged in the constitutional petition, petition was competent. (b) Punjab Local Government Ordinance (XIII of 2001)--- ----S. 85(2)(7)---Punjab Local Government (Recall Motions against Nazim and Naib Nazim) Rules, 2003, R.12---Constitution of Pakistan (1973), Art.199---Constitutional petition---Recall of Union Nazim---Procedure---Nazim/petitioner having not been served in accordance with law before holding of session of the union council concerned, he was deprived of valuable right of addressing the session to permit him to produce his defence in that session---Proceedings at the first step of first session of union council, passing resolution to request for appointment of a representative of the Chief Election Commissioner for conduct of voting through secret ballot, upon recall motion were declared to be illegal and unlawful by the High Court and were set aside---Principles. Sardar Mahmood Iqbal Khakwani…

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