2008 PLP 1594 (YLR)
MUHAMMAD KHALID SARDAR — Petitioner Versus PROVINCIAL ELECTION COMMISSIONER, PUNJAB LAHORE and 7 others — Respondents
| Citation | 2008 PLP 1594 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Asghar Haider, J |
| Parties | MUHAMMAD KHALID SARDAR — Petitioner Versus PROVINCIAL ELECTION COMMISSIONER, PUNJAB LAHORE and 7 others — Respondents |
| Primary Law | Punjab Local Government Ordinance (XIII of 2001) |
Q1: What are the key laws and sections cited in 2008 PLP 1594 (YLR)?
This judgment primarily cites: Punjab Local Government Ordinance (XIII of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1594 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Asghar Haider, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1594 (YLR) (MUHAMMAD KHALID SARDAR — Petitioner Versus PROVINCIAL ELECTION COMMISSIONER, PUNJAB LAHORE and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shoib Zafar for Petitioner.
Headnotes / Summary
Ss. 45(2) & 47(2) (5) (7)
Constitution of Pakistan (1973), Art.199
Constitutional petition
Controversial question of fact
No confidence motion against Naib Nazim
Petitioner, elected as Naib Nazim was discharging his duties; it came to his knowledge that respondent had issued notice to all members of Zila Council for special session to table a recall motion against the petitioner
Contention of petitioner was that he was never informed of the said proceedings
Constitutional petition involving controversial question of fact, needed to be addressed by holding a detailed and proper inquiry, which was not possible in the constitutional jurisdiction
Petition, in circumstances was not maintainable
Nazim and other respondents were directed to adhere strictly to the provisions as contained in S.47 of the Local Government Ordinance, 2001
Constitutional petition was dismissed.
Judgment & Decree
SYED ASGHAR HAIDER, J.--The petitioner was elected as Naib Nazim of Toba Tek Singh, District and has been thereafter discharging his duties. It came to his knowledge that respondent. No. 6 has issued a notice on 28-3-2008 to all members of Zila Council under sections 45(2) and 47(2) of Local Government Ordinance, 2001 for a special session of the Council Primarily to table a recall motion against the petitioner.
2. The learned counsel contended that the notice in question is violative of the provisions of sections 47(2) and 45(2) of the Local Government Ordinance, 2001, further the petitioner was never informed of these proceedings, the period of three days as enunciated in section 47(2) had not been adhered to and valuable rights in law of the petitioner have been compromised as he has not been given enough time to prepare and address the house in his defence' as enunciated by section 47(7) of the Local Government Ordinance, 2001, therefore, the entire exercise being carried out is illegal and ultra vires of the law.
3. I have heard the learned counsel for the petitioner and perused the contents of the petition.
4. Primarily the petition emanates of controversial question of fact, the assertions raised need to be addressed by holding a detailed and proper inquiry, this is not possible in the present jurisdiction, therefore, this petition is not maintainable. However, the Nazim concerned and the other respondents are directed to adhere strictly to the provisions as contained in section 47 of the Local Government Ordinance, 2001 and ensure that the parameters stated therein are not only adhered to but are followed in letter and spirit. With this observation, this petition is dismissed as not maintainable. H.B.T./M-75/L Petition dismissed.