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Writ Petition No. 1120 of 1981, decided on 11th May, 1981. (a) Punjab Local
‑ Ss. 38 (2) & 31 read with Ss. 36 & 37‑Conduct of business‑In order to rely on S. 38 (2) of Ordinance, one has to show matter included in S. 31 of Ordinance being also covered by any of subjects as given in Ss. 36, 37 & 38 of Ordinance‑Situation covered by S. 31 of Ordinance concerns constitution of a Local Council and not with regard to its executive authority or conduct of business.‑[Interpretation of statute].
Allah Rachaya Khan v. Controlling Authority 1969 S C M R 127 and Abdul Majid v. Province of West Pakistan P L D 1964 Lah 531 ref.
‑‑ S. 38 (2)‑No‑confidence vote‑‑Passing of a vote of no n confidence‑Not an order passed by Local Council but a special situation concerning constitution of Local Council itself‑Passing of vote of no‑confidence neither amounts to conducting business with regard to any of its functions nor amounts, to passing an order in exercise of any authority.
Sh. Ghulam Mohiuddin v. Commissioner P L D 1957 Lah. 826 ref.
Ch. Hamiduddin for Appellant.
Riyasat Ali and Khalil‑ ur‑Rahman, A. A.‑G. for Respondents.
Dates of hearing: 10th and 11th May, 1981.
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