| Case ID |
38392841-2653-41e4-95ce-642cc336f8fd |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 621-P of 2003 |
| Decision Date |
Nov 06, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal regarding the validity of the no-confidence motion passed against the petitioner, Subhanuddin. The court analyzed whether the motion was conducted without adhering to the mandatory provisions outlined in Section 85 of the North-West Frontier Province Local Government Ordinance, 2001. The court highlighted concerns regarding the legality of notices served to the petitioner and the procedural compliance required for such motions. Ultimately, the court decided to convert the petition into an appeal and noted that no interim relief could be granted due to the election context. |
| Summary |
This case revolves around the examination of the no-confidence motion against Subhanuddin, questioning its validity under the North-West Frontier Province Local Government Ordinance, 2001. The Supreme Court of Pakistan, led by Justices Javed Iqbal and Tanvir Ahmed Khan, scrutinized the compliance of procedural requirements essential for the legitimacy of the no-confidence motion. The petitioners contended that the motion was passed without proper adherence to Section 85(4) of the Ordinance, and that notices served were not lawful as they disregarded Section 85(1). The decision emphasized the importance of due process in political proceedings, particularly when such actions can adversely impact an individual's political career. The ruling ultimately converted the petition into an appeal, reflecting the court's commitment to ensuring lawful governance and procedural fairness within local government structures. This case is significant in reinforcing the legal standards applicable to local governance and the procedural rights of elected officials in Pakistan, highlighting the court's role in upholding democratic principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
TANVIR AHMED KHAN
|
| Lawyers |
Barrister Masood Kausar,
Mir Adam Khan,
Hamid Farooq Durrani,
Habib-ur-Rehman,
Salah-ud-Din,
Dr. Hussain Khan
|
| Petitioners |
SUBHANUDDIN
|
| Respondents |
NATIONAL RECONSTRUCTION BUREAU through Chairman and others
|
| Citations |
2004 SLD 2818,
2004 PLD 125
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Local Government Ordinance
|
| Sections |
85
|