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

Case information

Citation: 2025 MLD 1934 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: MLD
Parties: Hamdullah vs Faizullah Ss
Provisions referred to: S. 33; S. 37; Balochistan Local Government Act

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

Hamdullah VS Faizullah Ss.33(a) & 37---Vote of no confidence---Result, challenging of---Locus standi---Scope---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---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---There was an inherent defect in the case set up by the appellant, as S.37 of the Act 2010 stipulates that no election under the Act 2010 shall be called in question except by an election petition made by a candidate for the election---Appellant was not a candidate nor any election was challenged; rather, the issue was vote of no confidence which squarely fell within the ambit of S.33(a) of the Act 2010---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.

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