2019 PLP 1705 (MLD)

FAHIM AHMED SIDDIQUI, J.

The petitioner in C. P. No.D-562/2019 is Chairman of Municipal Committee, Mirpurkhas while the petitioners in C.P. No.D-563/2019 are Chairman and Vice-Chairman of Town Committee, Jhudo respectively. Some of the Members/ Councilors have placed a 'Motion for No Confidence' before the concerned Chief Executive Officer of the Committee and subsequent to such 'No Confidence Motion', Chief Secretary, Government of Sindh has issued a notification whereby the presiding officers have been nominated for presiding over the meeting regarding 'No Confidence Motion'.

2. The contention of learned counsel for the petitioners is that the entire process of 'No Confidence Motion' is contrary to law and the same is the result of political rivalry. It is also their contention that since the process of no confidence is contrary to law, respondents may be restrained from holding special meeting for 'No Confidence Motion'.

3. We have heard the arguments and have gone through the available material.

4. It is a fact that 'No Confidence Motion' is also a part of a democratic process and persons, who have democratically been elected for leading a house in any capacity, should be prepared to face any move of no confidence and try to defeat the same through a democratic process instead of taking refuge under technicalities on the plea of certain illegalities. In the present matter, the petitioners were elected Chairman and Vice-Chairman and they have a right to continue that position as long as they enjoy the confidence of the Council. In any case, continuing confidence of Council would be a sine qua non for smooth functioning of the Local Council and once that is lost; the very foundation of the municipal system would be shaken and it would be next to impossible for a Chairman and Vice-Chairman of a Council to continue such position after losing the confidence. We are of the view that being democratically elected, the petitioner's should not be shy of facing the 'No Confidence Motion' and they have a right to try to defeat such motion within the house instead of doing something else. We are of the view that since 'No Confidence Motion' is a process given in the Sindh Local Government Act, 2013 and the Notification of presiding officer for special meeting has been issued by the Sindh Government being No: SO(C-IV)SGA and CD/4-1/18, Karachi dated 26th March, 2019, therefore, it would be not proper to restrain members of both the Councils from taking part in a process which is not only permissible under the law but also within the norms of democracy. Moreso, the petitioners have not been able to point out any illegality in the impugned process/notification and the violation of their fundamental rights in the wake whereof to justify interference by this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. In the light of these discussions, both the above petitions are dismissed in limine. KMZ/F-14/Sindh Petitions dismissed.