| Case ID |
3850555d-d7a6-4986-a9e4-6034681b1605 |
| Body |
View case body. Login to View |
| Case Number |
WP. No. 372-A of 2016 |
| Decision Date |
Jun 13, 2016 |
| Hearing Date |
|
| Decision |
The writ petition was dismissed on the grounds that the petitioners, Noor Muhammad and Shamzad Khan, had invoked the constitutional jurisdiction of the Court under Article 199, challenging the No Confidence Notice against them. The Court found that the petitioners had failed to establish that the No Confidence Motion was not properly constituted and noted that the District Government and District Council were established under the Khyber Pakhtunkhwa Local Government Act, 2013. The Court emphasized the importance of democratic processes and the need for elected representatives to face challenges such as a No Confidence Motion through proper channels rather than seeking refuge in technicalities. The petitioners' claims regarding the alleged conspiracy and improper actions by the opposition were not substantiated, leading to the conclusion that the petition was misconceived and without merit. |
| Summary |
In the case WP. No. 372-A of 2016, the Peshawar High Court dismissed a writ petition filed by Noor Muhammad and Shamzad Khan, who sought to challenge a No Confidence Notice issued against them as District Nazim and District Naib Nazim of Torghar. The petitioners argued that the notice was illegal and void, claiming they had the confidence of the council and highlighting a conspiracy by opposition members. However, the Court ruled that the petitioners failed to demonstrate that the No Confidence Motion was invalid and emphasized the necessity for local government representatives to adhere to democratic processes. The ruling underscored the significance of maintaining the foundation of local governance and the validity of No Confidence Motions within a democratic framework, dismissing the petition as lacking merit. Additionally, the Court noted that the petitioners had not sufficiently addressed the legal procedures governing such motions, reinforcing the importance of compliance with established laws and regulations. |
| Court |
Peshawar High Court
|
| Entities Involved |
District Council Torghar
|
| Judges |
QALANDAR ALI KHAN, J
|
| Lawyers |
Mr. Rashid-ul-Haq Qazi,
Mr. Muhammad Naeem Abbasi,
Mr. Junaid Anwar Khan
|
| Petitioners |
Noor Muhammad,
Shamzad Khan
|
| Respondents |
District Nazim Torghar,
Government Of Khyber Pakhtunkhwa Local Government, Elections And Rural Development Department
|
| Citations |
2016 SLD 1936 = 2016 PHC
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|