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Constitutional Petition No. D‑1483 of 1980, decided on 11th November, 1980.
S. 21(2)‑Election disqualification‑Disqualification mentioned in S. 21(2)‑Held : Does not relate to pre‑election disqualifications having ceased to exist but refers to post election disqualifications.
Province of West Pakistan v. Lt.‑Col. Farzad Ali P L D 1970 ; C 98 Rehimuddin (v. Bashir Ahmad and others P L D 1968 Lah. 705 and T Salvasangaraju v. Doraiswamy Mudaliar A I R 1929 Mad. 727 ref.
S. 37(2) (e)‑Disqualification mentioned in S. 37(2) (e)‑Held, relates to time when action taken against member and speaks of present existence of disqualification and not to past disqualifications no longer existing.
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5. 21(2)‑‑Election‑Removal from office‑Ordinance assigns a definite meaning to word removal' by providing preconditions for removal, and by prescribing a procedure and authority to pass such order‑Order passed by Election Tribunal setting aside election, held, does not amount to removal but as a consequence of such order member, held further, ceases to continue as such.
Hidayatullah and others v. Emperor A I R 1933 Sind 161 and A I R 1955 Mys. 113 ref.
‑‑ Ss. 37(2) & 21(2)‑Penalty‑Section 21(2) contemplates penal action by Government against members covered by S. 37(2) thereby entailing' penalty of being removed by Government from membership‑‑In absence of clear words imposing penalty on a member for his pre- election disqualification no longer continuing, no order for removal, held, can be ‑passed strictly in accordance with provisions of S. 21(2) and for removal under S. 21(2) a complete procedure prescribed and to be followed before passing such order.
‑‑ Validity of order‑A specific procedure provided for exercising jurisdiction for imposing penalty under statute‑Such provisions considered mandatory and compliance with such provisions essential to validity of order or proceedings.
Gulab Muhammad Rang for Appellant.
Syed Nasiruddin for Respondents.
Date of hearing : 11th December, 1980.
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