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Writ Petition No. 837 of 1984, decided on 5th November, 1984.

---S. 21(e)--Provisional Constitution Order (1 of 1981), Art. 9--Disquali fication to contest election being in service--Employment of petitioner coming to an end when resignation from service is accepted--Delay or even default in payment of any sums due to employer or to employee, held, could not be treated as extension of service--Petitioner ceasing to be employee when his resignation was accepted and not in service when he made payment in lieu of one month's notice, therefore, not disqualified for being-a candidate for election to a local council.

K.M. Virk for Petitioner.

Rafiq Ahmad Bajwa for Respondents.

Date of hearing: 5th November, 1984.

.--The petitioner successfully contested the election for a seat in Ward No. 3 of Town Committee, Shahpur Sadar. In an election petition brought by respondent No. 1 who had the next highest number of votes, the Civil Judge/Election Tribunal, Shahpur Sadar, found vide his order, dated 15-2-1984 that the petitioner was disqualified from contesting the election as he was in the service of the Zila Council, Sargodha until 7-9-1983. The Tribunal directed that Farooq Hussain respondent be declared as elected in theresultant vacancy. The petitioner has assailed these orders in a Constitu tional petition.

2. It has been urged on behalf of the petitioner that he 'had ceased to be an employee of the Zila Council, Sargodha w.e.f. 29-8-1983 when his resignation was accepted by the Chairman, Zila Council, Sargodha. The case of the respondent on the other hand, is that the petitioner was required, according to the terms of his service, to give one month's notice to the Zila Council or to make payment in lieu thereof. Since he made the payment on 7-9-1983, he will be deemed to be in service until 7-9-1983.

3. It is clear that the Chairman, Zila Council, Sargodha, accepted the resignation of the petitioner on 29-8-1983. It is also not denied that according to the terms of service, the petitioner was required to give notice for one month or to surrender or t0 deposit the salary for one month in lieu of the notice period. But once the resignation is accepted the employment itself must come to an end. After that, the delay, or, even the default, in payment of any sums, due, to the employer or to the employee, cannot extend the employment, till such time as the payment is made. It can give a cause for recovery of the amount due, but cannot be treated as extension of service. We are quite clear therefore that the petitioner ceased to be an employee of the Zila Council on 29-8-1983, when his resignation was accepted. He was not in service until 7-9-1983 and therefore was not disqualified from being a candidate for elections to a local council.

4. In view of the above considerations, this writ petition is allowed., The orders of the Election Tribunal dated 15-2-1984 are declared to be of no legal effect. There shall be no order as to costs.

M.A.K. Petition accepted.