| Case ID |
edac862f-2b64-49d1-8ea8-dd6d7ccd7345 |
| Body |
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| Case Number |
W.P. No. 3009 of 2003 |
| Decision Date |
Dec 08, 2003 |
| Hearing Date |
Dec 08, 2003 |
| Decision |
The writ petition was disposed of with the observation that the Respondent No. 2, as the Nazim of the Union Council, is entitled to continue in office until all proceedings mentioned in Section 85 of the Punjab Local Government Ordinance, 2001 are finalized. The court set aside the previously suspended proceedings and directed Respondent No. 2 to issue a fresh notice to the petitioner regarding the no-confidence resolution. This ensures compliance with the legal framework governing local government proceedings. The petitioner retains the right to approach the court if further grievances arise. |
| Summary |
This case revolves around a writ petition filed by Sher Afzal Khan against the Secretary Union Council No. 19, challenging the validity of a no-confidence motion. The Lahore High Court addressed critical issues regarding the authority of the Nazim, procedural compliance under the Punjab Local Government Ordinance, and the constitutional provisions governing local government entities. The ruling emphasizes the importance of following legal protocols in local governance and affirms the Nazim's right to hold office until legal proceedings are concluded. The decision reinforces the need for transparency and adherence to established laws in local government operations, ensuring that elected representatives are not unjustly removed without due process. This case serves as a precedent for future local government disputes, highlighting the balance between legal authority and electoral mandates. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
maulvi anwar-ul-haq
|
| Lawyers |
Mr. Razza A, Mirza,
Mr. Sadaqat Alt Khan
|
| Petitioners |
SHER AFZAL KHAN
|
| Respondents |
another,
SECRETARY UNION COUNCIL NO. 19, TEHSIL AND DISTRICT ATTOCK
|
| Citations |
2004 SLD 3366,
2004 PLJ 477
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Local Government Ordinance, 2001
|
| Sections |
199,
85
|