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Civil Petition for Special Leave to Appeal No. 356 of 1968, decided on 16th October 1968.
(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 13th August 1968, in Writ Petition No. 1304 of 1968).
Rules, 1967, r. 3 (2)‑Provision of rule only directory‑Failure to give seven clear days' notice of meeting Does not affect proceedings in absence of prejudice caused to a person.
Abdul Majid v. Province of West Pakistan and others P L D 1964 Lah. 531 ref.
S. M. Almas Ali, Advocate Supreme Court instructed by Wajid Hussain, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 16th October 1968.
‑The petitioner seeks special leave to appeal against the judgment and order of a Division Bench of the High Court of West Pakistan, Lahore, dismissing a writ petition.
The petitioner was a Chairman of the Union Council, Kachi Khan Muhammad, Tehsil Rajanpur, District Dera Ghazt Khan. A vote of no‑confidence was passed against him at a meeting held on 29‑6‑1968. By the writ petition he challenged the same on the ground that seven clear days' notice of the meeting, as required under rule 3 (2) of the West Pakistan Basic Democracies (Vote of No‑confidence against Chairmen) Rules, 1967, was not served on him. Relying on the decision in Abdul Majid v. Province of West Pakistan and others (P L D 1964 Lah. 531) the Division Bench held "that the provision of the said rule was only directory and in the absence of any prejudice caused to a person the non‑ observance of the rule does not affect the proceedings." In our opinion, the High Court has correctly interpreted this rule. We therefore, see no ground for interference in this case. This petition is, accordingly, dismissed.
Leave refused.
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