Hamdullah Versus Faizullah

Muhammad Aamir Nawaz Rana, J .--- This judgment disposes of the above-captioned Election Appeal filed by the appellant under section 41-A of the Balochistan Local Government Act, 2010 (as amended in 2022) (hereinafter referred to as the 'Act, 2010'), against the order dated 05.05.2025 passed by the Election Tribunal, Killa Saifullah, in Election Appeal No. 01/2024, whereby the appellant's appeal was dismissed.

2. The appellant was elected as Chairman of Union Council ('UC') No.06, Tublai, District Council Killa Saifullah. The councilors of the said UC, namely Faiz Ullah and Raaz Muhammad (respondents Nos.1 and 2), moved a resolution of no-confidence against the appellant as proposer and seconder, respectively. It is the appellant's case that the motion of no-confidence was defeated; therefore, the said councilors ceased to be members of the council in view of section 33 of the Act, 2010. According to the appellant, the Election Commission of Pakistan ('ECP') did not de-notify the said councilors despite being informed by the Secretary of Union Council No.06, Tublai, District Killa Saifullah. Consequently, the appellant filed an Election Appeal before the Election Tribunal, Killa Saifullah, which was dismissed vide the impugned order dated 05.05.2025.

3. Learned counsel for the appellant mainly contended that, in view of section 33 of the Act, 2010, following the defeat of the motion of no-confidence against the appellant, the proposer and seconder, Faiz Ullah and Raaz Muhammad, ceased to be members of the council. However, this aspect was not considered by the Election Tribunal, and the Election Appeal filed by the appellant was dismissed on technical grounds vide the impugned order.

4. Learned counsel for the private respondents, as well as learned Assistant Director (Law), ECP, strongly refuted the arguments advanced by the learned counsel for the appellant. They contended that section 37 of the Act, 2010 pertains to 'Election Petitions,' and since the Election Appeal filed by the appellant before the Election Tribunal, Killa Saifullah, was not in accordance with Rules 72, 74, and 79 of the Balochistan Local Government (Election) Rules, 2013 (hereinafter referred to as the 'Rules, 2013'), therefore, the Election Tribunal had rightly dismissed the appeal.

Arguments heard. Relevant record perused.

5. There is an inherent defect in the case set up by the appellant, as section 37 of the Act, 2010 stipulates that no election under the Act shall be called in question except by an election petition made by a candidate for the election. The appellant was not a candidate, nor any election was challenged. Rather, the issue squarely falls within the ambit of section 33(a) of the Act, 2010, which provides as follows:

"Vote of no confidence.

33. A Chairman or a Vice Chairman shall vacate office if a vote of no-confidence is passed against him in the prescribed manner by a minimum of two third number of the total number of members of the Local Council electing him;

Provided that ___

(a) A motion of no-confidence shall not be moved before the expiry of six months of his assumption of office as Chairman; and

(b) Where a motion of no-confidence against a Chairman has been moved and has failed to secure the requisite majority of votes in its favour at the meeting, the proposer and seconder shall forthwith cease to be the members of the council, and no similar motion shall be moved against him before the expiry of six months from the date such motion was moved."

6. Similarly, in exercise of the powers conferred by section 141 read with section 33 of the Act, 2010, the Balochistan Local Councils (Vote of No-Confidence against Chairman and Vice Chairman) Rules, 2013 (hereinafter referred to as the 'Councils Rules, 2013') were framed. For the purposes of the present appeal, Rule 7 of the Councils Rules, 2013 is of particular relevance and is reproduced:

"7. Declaration of result.- (1) When all the members of the Local Council, present at the meeting, who wish to cast their vote, have so cast their vote, the Presiding Officer shall open the ballot box in presence of the members who are present at that time, and count the number of votes for and against the motion for no-confidence.

(2) A ballot paper which does not bear the official mark shall be rejected.

(3) If the Presiding Officer is unable to determine with respect to any ballot paper whether it supports the motion for no-confidence or opposes, its, he shall reject such vote.

(4) If the number of valid votes supporting the motion for no-confidence is not less than two third of the total number of members constituting the Local Council concerned, the Presiding Officer shall declare that the motion has been passed. If the motion is not supported by the requisite majority of votes, it shall be declared to have failed.

(5) A declaration made by the Presiding Officer under sub-rule (4) shall be final.

(6) A copy of the declaration shall be sent to the Secretary to the Government of Balochistan Local Government Department, Commissioner and Deputy Commissioner concerned for information and to the Provincial Election Commissioner Balochistan/Election Commission for publication in the official Gazette in pursuance of Section 36 of the Act."

7. The appellant has placed considerable reliance on a letter dated 09.05.2024, allegedly written by the Secretary, Union Council No. 06 Tublai, Killa Saifullah, to the Secretary, Election Authority Balochistan, Quetta. However, in my considered view, the said letter does not satisfy the requirements of Rule 7 of the Councils Rules, 2013, which 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 section 36 of the Act. In light of the aforementioned legal provisions and rules, the appellant 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. In such view of the matter, the Election Appeal filed by the appellant was rightly dismissed by the Election Tribunal, Killa Saifullah.

In view of the above, since no case for interference is made out, therefore, the appeal, being devoid of merit, is hereby dismissed.

MQ/116/Bal. Appeal dismissed.