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--S. 21 (1), (f) [as amended by Punjab Local Government (Amend ment) Ordinance (IV of 1981), S. 3)]-Elected member whose disqualification removed after election-Eligibility of membership Elected member of Union Council suffering from disqualification at time of election-Disqualification removed afterwards by statutory amendment - Held. elected member not presently disqualified to bold office and eligible to be member of Local Council.

Taj Muhammad Khan Langah for Petitioner.

Tasaddig Hussain Jilani, A. A.-G. for Respondents.

Date of hearing : 26th May, 1982.

MUHAMMAD MUNIR KHAN, J.--This is a petition under Article 9 of the Provisional Constitution Order, 1981, whereby, Ghulam Harder; petitioner challenged the illegality of the order dated 21st July, 1981 of the Election Tribunal/Deputy Commissioner, Dera Ghazi Khan, declaring the election of the petitioner as Member of Union Council Ahmadani as null and void on the short ground that the petitioner being a Government servant upto 1978, having not completed two years at the time of nomina tion, was disqualified to contest the election.

2. The facts leading up to this petition in brief are that the petitioner was a driver with the Punjab Road Transport Corporation upto 1978. On 25th September, 1979, he and respondents Nos. 2 to 5 contested the elec tion for the seat of Union Council Ahmadani. The petitioner was declared successful. Aggrieved, by the result, Ghulam Hassan, respondent No. 2 filed an election petition before the Election Tribunal on various ground but the same was accepted on 21st July 1981 declaring the election of A the petitioner as null and void on the sole ground that the petitioner being a Government servant up to the year 1978, had not completed the period of two years and as such was disqualified to contest the election, Hence this petition.

4. The learned counsel for the petitioner has raised two points :-

(i) that the disqualification as referred to by the Election Tribunal, respondent No. 1 falling under section 21 (1) Clause (f) of Punjab Local Government Ordinance, 1979 having been removed by Punjab Ordinance, IV of 1981, the petitioner was eligible to remain Member of the Local Council ;

(ii) that the petitioner being a driver was a worker and not a Govern ment Servant or a salaried official of any public or statutory Corpo ration and as such the question of his completing two years at the time of nomination did not arise.

4. After hearing the learned counsel for the parties and going through the record, we find that disqualification, .if any, had already been removed through statutory amendment, i. e. Punjab Ordinance IV of 1981 and as B such that ground was not available to respondent at the time of his impugned judgment. We are informed by the learned counsel bat the petitioner is still holding the office. As directed by this Court on 27th September, 1981, Notification regarding unseating of the petitioner has not been issued. Since the petitioner, presently is not disqualified to hold the office and is eligible to be Member of the Local Council, we are inclined to accept this writ petition. In view of this finding, point No. (ii) raised by the learned counsel for the petitioner need not be discussed.

5. For what has been stated above, this petition succeeds and the impugned order dated 21st July, 1981 of the Election Tribunal/Deputy Commissioner, Dera Ghazi Khan respondent No. 1 is hereby set aside, with no order as to costs. This petition is accepted.

K.M.A. Writ petition allowed.

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