SYED ASGHAR HAIDER, J.-The petitioner was elected as Naib Nazim of Toba Tek Singh, District and has been thereafter discharging his duties, lt carries to his knowledge that respondent No. 6 has issued a notice on 28.3.2008 to all members of Zila Council under Sections 45(2) and 47(2) of Local Government Ordinance, 2001 for a special session of the Council primarily to table a recall motion against the petitioner.
2. The teamed counsel contended that the notice in question is violative of the provisions of Sections 47(2). And 42(5) of the Local Government Ordinance, 2001, further the petitioner was never informed of these proceedings, the period of three days as enunciated in section 47(2) has not been adhered to and valuable rights in law of the petitioner have been compromised as he has not been given enough time to prepare and address the house in his defence as enunciated by Section 47(7) of the Local Government Ordinance, 2001, therefore, the entire exercise being carried out is illegal and ultra vires of the law.
3. I have heard the leamed counsel for the petitioner and perused the contents of the petition.
4. Primarily the petition emanates of controversial questions of fact, the assertions raised need to be addressed by holding a detailed and proper inquiry, this is not possible in the present jurisdiction, therefore, this petition is not maintainable. However, the Nazim concerned and the other respondents are directed to adhere strictly ta the provisions as contained in Section 47 of the Locals Government Ordinance, 2001 and ensure that the parameters stated therein are not only adhered to but are followed in letter and spirit. With this observation, this petition is dismissed as not maintainable.