WAHID BAKHSH vs BALOCHISTAN AWAMI PARTY through Representative/ Secretary Coordination S — 2025 CLC 745 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 CLC 745 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: CLC
Parties: WAHID BAKHSH vs BALOCHISTAN AWAMI PARTY through Representative/ Secretary Coordination S
Provisions referred to: S. 24-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WAHID BAKHSH VS BALOCHISTAN AWAMI PARTY through Representative/ Secretary Coordination S. 24-a---Constitution of Pakistan, art. 10-a---Chairman and Members of Municipal Committee---Defection---Complaint not filed by the Party Head---Competency of---Procedural requirement, non-fulfillment of---Violation of fundamental right---Effect---Non-observance of due process---Disqualification to hold seats of Chairman and Members of Municipal Committee on the basis of defection---Held, that Party Head had to make declaration in writing in case any member had committed defection on the grounds enumerated in S. 24-a of the Balochistan Local Government act, 2010---Party Head had to forward the copy of the declaration to the Presiding Officer and the Secretary Local Government and Rural Development Balochistan and in the same manner the Party Head had to forward the copy of such declaration to the member concerned---apart from that it had also been stipulated that the Party Head before making the declaration had to provide an opportunity to show cause to the member guilty of defection as to why such declaration might not be made against him---No declaration in the case of the appellants was made by the Party Head rather the complaint was filed by the Secretary Coordination, whereas the alleged declaration was made by Secretary General of Balochistan awami Party---Since there was no declaration in this case by the Party Head, thus, the complaint filed by the Secretary Coordination allegedly on the strength of letter written by Secretary General was not competent being contrary to the mandatory provision of S. 24-a of the act---Election appeal was allowed, in circumstances, by setting aside the impugned order of disqualification and dismissing the complaint filed by the Secretary Coordination.

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