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KAMIL NOOR KHAN vs CONTROLLING AUTHORITY, UNION COMMITTEE NO. 60, — 1971 SCMR 29

Citation: 1971 SCMR 29

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-07

Parties: KAMIL NOOR KHAN vs CONTROLLING AUTHORITY, UNION COMMITTEE NO. 60, KARACHI AND 3 Other

Headnotes

Case cited as 1971 SCMR 29

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:KAMIL NOOR KHAN vs CONTROLLING AUTHORITY, UNION COMMITTEE NO. 60, KARACHI AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. K-43 of 1970 Petition No. 407 of 1966 Date of Judgment:1970-05-07 Reported As: 1971 SCMR 29 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-In pursuance to the no-confi--dence resolution passed on the 26th of June 1966, under the West Pakistan Basic Democracies (Vote of No-confidence against Chair-- man) Rules, 1963, the petitioner was removed from the Office of Chairman, Union Committee No. 60 (Martin Quarters), Karachi. All the 13 members of the Committee attended, out of whom 9 voted in support of the no-confidence motion and 4 against the resolution. Aggrieved by his removal, the petitioner moved the High Courtin writ jurisdiction under Article 98 of the Constitu--tion inter alia on grounds that notices issued to some of the members were invalid inasmuch as they were short of the 7 clear days as provided by rule 3 (2). It was further contended that as the election of one of the members was set aside his participation in the voting had vitiated the proceedings of the meeting. Neither ground found favour with tree learned Judges who accord--ingly dismissed the writ petition from which the petitioner seeks special leave to appeal. In support of the petition substantially the same grounds are urged by Mr.…

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