The petitioner has challenged the vires of the order dated 29-7-2002 through this Constitutional petition.
2. The learned counsel of the petitioner submits that impugned order is without lawful authority as the same was passed without providing proper hearing to the petitioner. He further submits that order was passed in favour of the petitioner on 14-3-2002, therefore, vested right has accrued to the petitioner, therefore, respondent Executive District Officer Health has to pass the order after providing proper hearing to the petitioner and issue a notice to the petitioner. He further submits that the impugned order was passed by the respondents under the influence of the District Nazim who compelled the petitioner to join his political party. Petitioner refused to join the political party of the District Nazim on the ground that he had contested the election on non-party basis, therefore, under the direction of the District Nazim, respondent No.4 had passed the impugned order. Mr. Muhammad Hanif Khatana, Additional Advocate-General, entered appearance on Court's call, he submits that writ petition is not maintainable.
3. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record myself.
4. The petitioner, has alternative remedy to file appeal before the higher authorities as prescribed in view of the Punjab Local Government Ordinance, 2001 and the rules framed thereunder i.e. Punjab Local Government (Appeals) Rules, 2002. However, in the interest of justice and fair play, in case the impugned order is not implemented till date, then the impugned order is held in abeyance for one week from today to enable the petitioner to avail the alternative remedy. The learned counsel of the petitioner is directed to hand over copy of the writ petition alongwith all the annexures to Mr. Muhammad Hanif Khatana, Additional Advocate General, who is directed to send the same to the respondents for necessary action and compliance.
With these observations the writ petition is disposed of.