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Civil Petition for Special Leave to Appeal No. 686 of 1980, decided on June, 1980.
(On appeal against the judgment of the Lahore High Court on 29-5-1980 18th in W. P. No. 2699/1980).
-- Art. 185 (3)-Point at issue already adjudicated-Leave to appeal against order of High Court disqualifying petitioner to be a member of Municipal Corporation refused. Umer Draz Cheema v. Nazar Mohammad and others 1980 S M R 156 ref.
Muhammad Rafiq Khan Chohan, Advocate with S. M. Akhtar, Advocate on-Record for Petitioner.
Nemo for Respondents.
Date of hearing : 18th June, 1980.
.-The petitioner contested the election to the Municipal Corporation, Faisalabad and was declared elected from Unit No. 24. This result was challenged by way of an election petition which was dismissed. It was followed up by a writ of quo warrant of filed by Ch. Ghulam Rasool, respondent No. 1. It was contended that since Rana Subhan Ali petitioner was a depot-holder, his candidature was hit by section 21 (f) of the Punjab Local Government Ordinance, 1979 read with Article 10 (2) (b) (8) of the President's (Post-Proclamation) Order (5 of 1977)
The petitioner was declared by the High Court to be disqualified to be a member of the aforesaid Corporation. Hence this civil petition for special leave to appeal.
2. Learned counsel for the petitioner has submitted before us that, the point involved in this case has already been adjudicated upon Civil Petitions for Special Leave to Appeal Nos. 987 and 1000 of 1979, Umar Uraz Cheema v. Nazar Mohammad and others (1) respectively on 18-12-1979.By this order of the Court the contention of the learned counsel for the petitioner has been repelled and the judgment of the Lahore High Court has been upheld.
3. Learned counsel for the petitioner submits the present petition may be disposed of in accordance with the dictum of the order in civil petitions referred to above.
4. This petition is, therefore, dismissed and leave to appeal is declined.
Petition dismissed.
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