MUNIR A. SHEIKH, J.-- In this Constitutional petition a declaration has been sought that the proceedings of meeting held on 27.12.1988 and consequential notification for the removal of the petitioner from the office of Chairman Union Council Dholan be declared to be illegal and without lawful authority.
2. The facts giving rise to this Constitutional petition briefly stated are that the petitioner was elected as Chairman of Union Council Dholan. The total strength of the Union Council is 14 members. A no confidence motion was moved against the petitioner for his removal from the office of Chairmanship. A meeting of the members of the Union Council was convened on 27.12.1988 .In the office of the said Union Council to consider the said no confidence motion.
Respondents No.3 to 15 attended the meeting and supported the no confidence motion as a result of which the petitioner stood removed from the office of the Chairmanship of the Council, as a consequence thereof a notification was accordingly issued.
3. According to the rules a no confidence motion could be passed if it had support of 2/3rd members of the Council. Since the total strength of the Union Council was 14 members, therefore, respondents No.3 to li who were 10 in number constituted the 2/3 majority to support the no confidence motion, therefore, it was carried out.
4. The grievance of the petitioner was that he was not allowed to meet respondents No.3 to 12 in order to convict them and pursuade them not to support the no confidence motion moved against him. However on the last date of hearing the petitioner undertook to bring in Court any one of respondents No.3 to 12 to show that he would not support the no confidence notion if it is placed before the House again otherwise the writ petition may be dismissed as it would be futile exercise in case if none of respondents No.3 to 12 was ready to support the petitioner in this regard. The case was adjourned for today. Today the petitioner has not appeared whereas respondents No.3 to 12 have appeared in person and stated that they voted in favour of the no confidence motion and were not ready to support the petitioner in this regard. In this view of the matter, we arc convinced that the petitioner has no case on merits, therefore, the write petition merits dismissal. The writ petition is hereby dismissed with no order as to costs.