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1991 SCMR 1318

Ch. MUHAMMAD ASLAM vs ASSISTANT COMMISSIONER

Citation1991 SCMR 1318
CourtSupreme Court of Pakistan
Case No.Civil Petition No.1125 of 1989 Writ Petition No.5811 of 1989
Date1989-11-26
Judge(s)Ghulam Mujaddid Mirza, Nasim Hasan Shah, Saad Saood Jan
ResultLeave granted

ORDER

SAAD SAOOD JAN, J.---The petitioner was Chairman of the Union Council, Sandhwala, in Tehsil Sialkot. On 10-9-1989 fifteen members of the Union Council sent a requisition to the Assistant Commissioner asking him to convene a special meeting of the local council to consider the motion of no-confidence against the petitioner. On receipt of the requisition the Assistant Commissioner on that day summoned a special meeting of the Union Council for 18-9-1989 at 10 A.M. The notice for the meeting was received by the petitioner on 15-9-1989.

2. On the appointed day, that is 18-9-1989, the members waited for Mr. Khalid Majeed Pirzada who had been nominated to preside over the meeting till 10-30 A.M. But he did not turn up. At 10-30 A.M.

The petitioner in his capacity as Chairman adjourned the meeting. Mr. Khalid Majeed Pirzada arrived at the venue of the meeting at 11 A.M. Stating that his jeep had broken down on the way. At that time only fourteen members out of twenty-one were present. He called the meeting and asked the members who were present to consider the motion of no-confidence. All the 14 members voted in favour of the motion.

3. The petitioner challenged the proceedings held by Mr. Khalid Majeed Pirzada on the ground that sufficient notice of the meeting had not been given to him and that the proceedings held after the appointed time were illegal. The petition was dismissed by the High Court. The petitioner now seeks leave to appeal from this Court.

4. In support of this petition it is stated that the holding of the meeting after the appointed hour when he and some members had left after waiting for Mr. Khalid Majeed Pirzada for half an hour was illegal and had seriously prejudiced him. This contention needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.5,000. The appeal may be made ready for hearing at an early date on the present record with permission to the parties to file additional documents, if any.

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