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Writ Petition No. 1132 of 1982, decided on 6th February, 1983.

--‑‑Art. 9‑Local Councils (Vote of No‑Confidence against Chairman and Vice‑Chairman) Rules, 1980, r. 2‑No confidence motion‑Assistant Commissioner fixing date for convening special meeting of Local Council to consider no‑confidence motion against petitioner but remaining on leave on fixed date and in his absence Extra‑Assistant Commissioner passing ,order for convening special meeting‑Since requisition for convening special meeting was addressed to Assistant Commissioner, Extra‑Assistant Com missioner, held, not competent to call for special meeting‑Writ petition allowed, in circumstances.

Asif Saeed Khan Khosa for Petitioner.

Tassidiq Hussain Jilani, A.‑A. G. for Respondents

Date of hearing : 6th February, 1983.

This is a petition under Article 9 of the Provisional Constitution Order. 1981, whereby, Ghulam Sarwar Khan petitioner wants this Court to declare the order of respondent No. 1 to convene special meeting of local Council, Basira on 16th October, 1982 to consider no‑confidence motion against the petitioner, to be without lawful authority and of no legal effect.

2. The facts leading up to this petition in brief are that Ghulam Sarwar Khan petitioner assumed the ofce of the Chairman, Union Council Basira, on 17th January, 1980. Thereafter, a special meeting was convened to consider no‑confidence motion against him which, however, failed on 27th January, 1981. It so happened that on 15th June, 1982, more than one‑half of the total number of members of the Union Council requested Assistant Commissioner/respondent No.1 to convene special meeting to consider no confidence motion against the petitioner. Respondent No. 1, however, declined to hold the meeting on the ground that it was pre‑mature. Thereafter, on 2nd October, 1982 again more than one‑half of the total members of the Union Council Basira requested respondent No. 1 to convene a special meeting to consider no‑confidence motion against the petitioner. The Assistant Commissioner/respondent No. 1 postponed his decision and for further orders fixed the matter for 9th October, 1982. On 9th October, 1982, the Assistant Commissioner/ respondent No.1 was on leave for two days and in his absence, the Extra Assistant Commissioner/ Magistrate 1st Class, Muzaffargarh, respondent No. 2 passed an order convening the special meeting on 16th October, 1982. Hence this petition.

3. The learned counsel for the petitioner submits that the Extra A Assistant Commissioner, had no authority to convene special meeting to consider the no‑confidence motion against the petitioner. The learned A. A.‑G. has, however, defended the impugned order.

4. After hearing the learned counsel for the parties, we are inclined to accept this petition, on the ground that since requisition was addressed to the Assistant Commissioner/respondent No.1, therefore, the Extra Assistant Commissioner/respondent No. 2 was not legally competent to convene meeting on 16th October, 1982. The relevant provisions of law may be reproduced with advantage.

"2. REQUISITION FOR CONVENING A MEETING FOR MOVING A VOTE OF NO‑CONFIDENCE.‑‑

(1) Not less than one‑half of the total number of members of a local Council may, by a written requisition signed by them, require the convening of a special meeting of the local council to consider the motion of no‑confidence against the Chairman or the Vice Chairman of the local Council.

(2) The requisition under sub‑rule (1) shall be addressed to‑‑

(a) ..................................................

(c) the Assistant Commissioner concerned in the case of a union council.

3. CONVENING OF MEETING TO CONSIDER THE MOTION OF NO‑CONFIDENCE.‑‑

(1) The authority to whom the requisition under rule 2 is made shall within 15 days of the receipt of such requisition, convene a special meeting of the local council to consider the motion of no‑confidence."

5. For what has been stated above, the petition is accepted and, the impugned order is declared, to be without lawful authority and of no, legal effect. The parties are left to bear their own costs.

M.Y.M. Petition allowed,

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