| Case ID |
3d3ff69b-ece1-47d9-a8d8-ce4c34b39456 |
| Body |
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| Case Number |
Civil Petition No. 403 of 1981 |
| Decision Date |
May 02, 1981 |
| Hearing Date |
May 02, 1981 |
| Decision |
The Supreme Court upheld the decision of the Lahore High Court, which had dismissed the writ petition filed by the petitioner, Haji Muhammad Riaz. The court found that the petitioner did not have the necessary backing to face the no-confidence motion as six out of nine council members had voted for it. The court ruled that the petitioner, having chosen not to participate in the meeting, could not claim that his rights were violated, as he had wilfully refrained from participation. The court maintained that the meeting was valid and the no-confidence motion was legally passed. Thus, the petition was dismissed. |
| Summary |
In the Supreme Court case of Civil Petition No. 403 of 1981, the petition filed by Haji Muhammad Riaz aimed to challenge a no-confidence motion passed against him by the Union Council No. 87 Chayanwalla. The case revolved around the procedural aspects of the no-confidence motion, specifically whether the petitioner was entitled to participate in the meeting that led to the resolution. The court examined the circumstances under which the meeting was held and concluded that the requisite majority had voted in favor of the motion. The decision highlighted the legal framework provided by the Punjab Local Government Ordinance and the associated rules governing local councils. The court's ruling reaffirmed the importance of participation and representation in local governance, emphasizing that absence from a meeting does not equate to a violation of rights when proper notice and procedures are followed. This case serves as a critical reference for understanding local government operations and the legal standards for no-confidence motions, making it a significant case in administrative law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ABDUL KADIR SHAIKH
|
| Lawyers |
Fazal-i-Hussain,
Sh. Riaz Ahmed,
Sh. Ijaz Ahmed
|
| Petitioners |
Haji MUHAMMAD RIAZ
|
| Respondents |
others,
ASSISTANT COMMISSIONER
|
| Citations |
1986 SLD 370,
1986 SCMR 197
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Local Government Ordinance (VI of 1979),
Punjab Local Councils (Vote of No-Confidence Against Chairman or Vice-Chairman) Rules, 1980
|
| Sections |
31,
5(4)
|