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Article: 136 Vote of no-confidence against Chief Minister

1[136. Vote of no-confidence against Chief Minister.-(1) A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the Provincial Assembly may be passed against the Chief Minister by the Provincial Assembly.

(2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly.

(3) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Chief Minister shall cease to hold office.]

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Footnotes:

1. Item 30 of the schedule to P.O. No. 14 of 1985, substituted Art. 136, in its present form, (w.e.f. March 2, 1985), in place of the said Art. as adopted in 1973, that read :
136. Vote of no confidence against Chief Minister.–(1) A resolution for a vote of no-confidence may be passed against the Chief Minister by the Provincial Assembly.
(2) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor.
(3) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly while the Provincial Assembly is considering demands for grants submitted to it in the Annual Budget Statement.
(4) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly.
(5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Governor shall call upon the person named in the resolution as the successor to assume office and on his entering upon office his predecessor and the Provincial Ministers appointed by him shall cease to hold office.
Provided that, for a period of ten years from the commencing day or the holding of the second general election to the Provincial Assembly, which ever occurs later, the vote of a member, elected to Provincial Assembly as a candidate or nominee of a political party cast in support of a resolution for a vote of no-confidence shall be disregarded if the majority of the members of that political party in the Provincial Assembly has cast its votes against the passing of such resolution.
(6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed.”


Comparative Table of Article 136 of the Constitution of Pakistan, 1973

Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
Constitution of India 1950:
Government of India Act 1935:

Leading & Latest Cases on Article 136 of the Constitution of Pakistan, 1973 :

MOHAN
BIJINDER SINGH
NAWABZADA MOHSIN ALI KHAN AND OTHERS
GOVERNMENT OF N.W.F.P. AND OTHERS
MIAN MANZOOR AHAMED WEATTOO
FEDEATION OF PAKISTAN & 3 OTHERS

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