1. ' Instant Constitutional petition seeks recall motion against the petitioner, approved by the house of Union Council No,96, Jhang, on 8-7-2004, to be declared void. Grievance of the petitioner primarily was that no-confidence motion against him was initiated without fulfilling the prerequisites of section 92 of the Punjab Local Government Ordinance, 2001 including lack of notice and providing him a right of addressing the house. Learned counsel for respondents Nos.4, 6 and 7 who are movers of vote of no-confidence against the petitioner (Union Naib Nazim) offered that impugned resolution may be annulled subject to keeping the recall motion alive, which may be directed to be put to the house again where the petitioner will have a right to face the same. The offer by the learned counsel for the respondents is acceptable to the petitioner, present in Court. Even otherwise the person not holding confidence of the house should not remain an elected office- bearer. Thus, in view of concurrence between the parties. I accept this Constitutional petition and declare the resolution recall motion against the petitioner dated 8-7-2004 as void and non- existent with the result that recall motion of respondents Nos.4, 6 and 7 shall be deemed to be pending and the motion shall be put to house for voting and other formalities on 2-8-2004 at 11 a.m. After notice to all the members of the Union Council. ##TSE##These proceedings in themselves are notice to the petitioner, no fresh notice is needed to him. Secretary Union Council No,96, Jhang is directed to remain in office to conduct the recall proceedings. Since the earlier recall motion was supervised by the D.D.O.R. And A.D.L.C. Those officials are directed to again remain present to monitor/supervise the recall proceedings at the time and date above-noted.
2. There will be no order as to costs.