Hamdullah vs Faizullah R — 2025 MLD 1934 QUETTA-HIGH-COURT-BALOCHISTAN

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Hamdullah VS Faizullah R. 7---Balochistan Local Government Act (V of 2010), Ss. 33(a), 36 & 37---Vote of no-confidence, motion of---Declaration of result---Prescribed procedure, non-observance of---Effect---Two councilors of the Union Council/UC,as proposer and seconder, moved a resolution of no-confidence against their elected Chairman of UC, which motion of no-confidence was defeated---Chairman-UC sought the Election Commission of Pakistan ('ECP') to de-notify the respondents /councilors as the motion of no-confidence was defeated, and thus, the said councilors ceased to be members of the council in view of S.33 of the Balochistan Local Government Act, 2010---Chairman-UC placed considerable reliance on a letter allegedly written by the Secretary, Union Council, to the concerned Secretary, Election Authority Balochistan, Quetta---Election Appeal was filed by the Chairman-UC (Appellant) against the order passed by the Election Tribunal, whereby the appellant's appeal was dismissed---Validity---Requirements for declaration of result as prescribed under R.7 of the Balochistan Local Councils (Vote of No-confidence against Chairman and Vice Chairman) Rules, 2013, mandates that a copy of the declaration made by the Presiding Officer shall be sent to the Secretary to the Government of Balochistan, Local Government Department, the Commissioner, and the concerned Deputy Commissioner for information and to the Provincial Election Commissioner Balochistan/Election Commission for publication in the Official Gazette, in pursuance of S.36 of the Act 2012---In the present case, the letter relied upon by the appellant did not satisfy said requirement as the appellant (Chairman-UC) failed to follow the prescribed procedure, particularly by not providing details of who presided over the no-confidence motion proceedings and why the Presiding Officer did not send the declaration of the motion's failure to the relevant authorities as required---Thus, the Election Appeal filed by the appellant was rightly dismissed by the Election Tribunal---No case for interference was made out---Appeal, being merit less, was dismissed, in circumstances.

Hamdullah vs Faizullah R — 2025 MLD 1934 QUETTA-HIGH-COURT-BALOCHISTAN

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