| Case ID |
14934b97-4cd3-4fe0-ac88-52cd26930ebf |
| Body |
View case body. Login to View |
| Case Number |
I.C.A. No.201 in Writ Petition No.1908 of 2009 |
| Decision Date |
May 27, 2009 |
| Hearing Date |
|
| Decision |
The court dismissed the appeal stating that the Town Council did not possess the jurisdiction to set aside a motion initiated under section 92 of the Punjab Local Government Ordinance, as it had not transformed into a resolution of the Union Council. The court emphasized that a motion is merely a proposal, and until it is formally voted upon and passed, it retains its status as a motion. Thus, the actions taken by the Town Council were declared without jurisdiction and hence of no legal consequence. |
| Summary |
This case revolves around the interpretation of the Punjab Local Government Ordinance, specifically concerning the authority of the Town Council to set aside motions made within the Union Council. The court clarified that a motion, until formally adopted, does not attain the status of a resolution, and thus the Town Council's actions were deemed invalid. The case highlights the importance of procedural compliance in local government operations, ensuring that motions are properly deliberated and voted upon before any authority can act upon them. This ruling has significant implications for local governance and the procedural integrity of council operations, reinforcing the need for adherence to established legal frameworks. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SHABBIR RAZA,
RIZVI,
HABIB ULLAH SHAKIR
|
| Lawyers |
M.A. Ghaffar-ul-Haq,
Ch. Muhammad Aslam Langrial,
Kh. Saeed-uz-Zafar,
Muhammad Nawaz Bajwa
|
| Petitioners |
TOWN MUNICIPAL ADMINISTRATION through Town Nazim and anothers
|
| Respondents |
MUHAMMAD BANARAS KHAN
|
| Citations |
2009 SLD 609 = 2009 CLC 1191
|
| Other Citations |
Javed Iqbal Abbasi v. Province of the Punjab and others 1996 SCMR 1433
|
| Laws Involved |
Punjab Local Government Ordinance (XIII of 2001),
Punjab Local Government (Auctioning of Collection of Rights) Rules, 2003
|
| Sections |
92(1),
92(4),
89A,
89(1)(3),
92(3),
10,
11,
13
|