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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD BASHIR VS Respondent: ASSISTANT COMMISSIONER And Another
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Nasim Hasan Shah, Muhammad Afzal Zullah Title: MUHAMMAD BASHIR vs ASSISTANT COMMISSIONER And Another Case No.: Civil Petition for Special Leave to Appeal No. 34 of 1985 Date of Judgment:1985-01-21 Reported As: 1985 SCMR 655 Result: Petition dismissed
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment, dated 9-12-1984 of the Lahore High Court, whereby a Constitutional petition arising out of a no-confidence resolution passed against the petitioner in his capacity as the Chairman of a local body, was dismissed. Admittedly the resolution was passed by to-third majority of the total number of votes. Twelve out of seventeen voted against the petitioner. Learned counsel has contended however that there were procedural irregularities committed before the convening of the meeting as_ also during the meeting. After hearing him we do not consider it a fit case for grant of leave to appeal for to reasons. One, that it is not denied that twelve out of seventeen votes were in fact against the petitioner. It will not be proper to impose the leader of a very thin minority on a body which has emerged out of an electoral process on the ground of minor procedural technicality; and to, the points raised regarding procedural irregularity cannot be determined in favour of the petitioner unless entire findings of fact are set aside after holding a fresh detailed factual enquiry at this stage which in the circumstances is not called for. Leave to appeal accordingly is refused and this petition is dismissed.
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