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Civil Petition for Special Leave to Appeal No. 286 of 1968, decided on 29th October 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th June 1968, in Writ Petition No. 989 of 1968).

Art. 98‑Petition impugning legality of no‑confidence motion passed against Chairman of Union Committee‑High Court while admitting writ declining to suspend operation of impugned resolution‑Order of High Court, held, proper.

M. B. Zaman, Senior Advocate Supreme Court (M. Saleem Chaudhry, Advocate Supreme Court with him) instructed by Fazal‑i‑Hussain, Attorney for Petitioner.

Zainul Abidin, Advocate Supreme Court instructed by Masud Akhtar, Attorney for Respondent No. 4.

Nemo for Respondents Nos. 1 to 3.

Date of hearing : 29th October 1968.

‑The petitioner has challenged under Article 98 of the Constitution the legality of the no -confidence motion passed against him and his consequential removal from the office of Chairman, Union Committee, Kamalia, District Lyallpur. The learned Judges while admitting the writ petition have declined to suspend the operation of the impugned resolution from which the petitioner seeks ‑.leave to appeal.

We see no merit in the petition. Under the rules the petitioner stood removed from the office of the Chairman as soon as the no‑confidence motion was passed. It was, therefore, not proper to reinstate him in office until the impugned resolution was found to be without lawful authority and formally set aside. In principle too it would be wrong to thrust the petitioner in office against the wishes of the majority of the members of the Union Committee. The refusal by the High Court to suspend the operation of the no‑confidence motion during the pendency of the writ petition thus calls for no interference.

The petition is dismissed.

Leave refused.

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