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MUHAMMAD NAWAZ versus MUHAMMAD SAEED KHAN


Article 199 reads with the Punjab Local Government Ordinance (VI of 1979), Section 21 (f) Writing Election Disqualification (Respondent Warrant) Respondents have already stated their intention not to work at the depot's agency and This job is not the kind of job that is required. His resignation will be accepted by the Department of Food, and he is dismissed from the job only after maintaining a relationship with the Department of Food and the defendant and the principal and the defendant as the agent's defendant, Was not provided that the depot holder may not be subject to the Depot or similar acceptance by the Food Department and at the same time there is no provision to take notice of the rules, Responsible, held, is no longer a depot holder on the date of his nomination or being a member of the District Council, and is not eligible

1981 C L C 1089

[Lahore]

Before Gul Muhammad Khan and Abaid Ullah Khan, JJ

MUHAMMAD NAWAZ‑Petitioner

versus

MUHAMMAD SAEED KHAN AND OTHERS‑Respondents

Writ Petition No. 2822 of 1980, decided on 26th October, 1980.

Constitution of Pakistan, (1973)‑---------

‑ Art. 199 read with Punjab Local Government Ordinance (VI of 1979), S. 21 (f)‑Election‑Disqualification‑-Writ (quo warranto) Respondent having already expressed his intention not to carry on agency of depot and this job being not a job of a nature requiring his resignation to be accepted by Food Department, and relationship between Food Department and respondent being that of Principal and agent respondent, held, relieved of his job as soon as he expressed his intention not to carry on agency --Rules also not .providing that a depot‑holder cannot abandon depot or same being subject to any acceptance by Food Department and also there being no provision for notice in rules‑Respondent, held, no longer a depot‑holder on date of his nomination or his becoming a member of Zila Council, and as such not disqualified.

Ghulam Muhammad v. Returning Officer, Kamoke 1981 C L C 234 and Malik Ghulam Abbas v. Malik Muhammad Mumtaz Khan and 2 others P L D 1980 Lah. 718 ref.

M. Yasin Wattoo for Petitioner.

M. Arif for Respondent No. 1.

Nerno for the Remaining Respondents.

Date of hearing : 26th October, 1980.

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