MUHAMMAD AQIL KHAN versus FALAK SHER

Article 21 (f) Read the Houses of Parliament and Provincial Assemblies (Elections) Order [President President s (after declarations) Order (5 of 1977), Article 10 (2) (b) (4) Council respondents Disqualified from the Pakistan Army and retired from service after the expiry of two years, he was disqualified to be a member of Parliament under the Post-Proclamation Order (5 of 1977), and so on. Was disqualified as a member of the Local Council

1981 C L C 1409

[Lahore]

Before Muhammad Habibullah, J

MUHAMMAD AQIL KHAN‑Petitioner

versus

FALAK SHER‑Respondent

Writ .Petition No. 4693 of 1980, decided on 15th June, 1980,

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

‑‑. Art. 199 (1) (b)‑Writ of quo warranto‑Can be instituted by any person even though not aggrieved.‑[Writ].

(b) Punjab Local Government Ordinance (III of 1979)‑--

‑‑‑ S. 21 (f) read with Houses of Parliament and Provincial Assem blies (Elections) Order [President's (Post‑Proclamation) Order (5 of 1977)), Art. 10 (2) (b) (4)‑Disqualification of member of Council- Respondent retiring from Pakistan Army and two years period not elapsing since he ceased to be in service, held, disqualified to be member of Parliament under Post‑Proclamation Order (5 of 1977) and as such disqualified to be member of Local Council.

Malik Muhammad Khan A wan for Appellant.

Ashiq Hussain Malik for Respondent. No. 1.

Respondent No. 2 : Ex pane.

Date of heating: 15th June, 1980.

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