| Case ID |
099cd171-22af-4755-9449-d31d1b9df922 |
| Body |
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| Case Number |
Civil Petition No. 2125 of 2003 |
| Decision Date |
Oct 07, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider the validity of Rule 14(1) and (2) of the Punjab Local Government (Re-Call Motions Against Nazim and Naib Nazim) Rules, 2003, in relation to Section 63 of the Punjab Local Government Ordinance, 2001. The Court suspended the operation of the notification issued by the Provincial Election Authority, which restrained the Town Nazim from performing his duties until the voting on the recall motion was conducted. The Court emphasized that the Nazim does not cease to be in office until the recall motion is passed by the Union Council members. The interim relief sought by the petitioner was granted, allowing him to perform his functions as Nazim until the appeal is resolved. |
| Summary |
This case revolves around the Punjab Local Government (Re-Call Motions Against Nazim and Naib Nazim) Rules, 2003, particularly focusing on the validity of certain provisions concerning the no-confidence motion against the Town Nazim. The Supreme Court intervened to maintain the status quo of the Nazim's office until due process was followed, highlighting the importance of adhering to legal protocols in local governance. The decision underscores the balance between administrative authority and elected representation, ensuring that elected officials are not prematurely removed without proper democratic procedures. This case is significant in the context of local governance, administrative law, and the constitutional framework governing such institutions in Pakistan. It reflects ongoing discussions about the powers of local government authorities and the rights of elected officials, making it a critical study for legal scholars and practitioners. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
IFTIKHAR MUHAMMAD CHAUDHRY,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Malik Muhammad Qayyum, Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record,
Muhammad Akram Sheikh, Senior Advocate Supreme Court,
M. A. Zaidi, Advocate-on-Record
|
| Petitioners |
Khawaja AHMAD HASSAN
|
| Respondents |
others,
GOVERNMENT OF PUNJAB
|
| Citations |
2004 SLD 360,
2004 SCMR 328
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Local Government (Re-Call Motions Against Nazim and Naib Nazim) Rules, 2003,
Constitution of Pakistan, 1973,
Punjab Local Government Ordinance (XIII of 2001)
|
| Sections |
14(1),
14(2),
185(3),
63
|