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Writ Petition No. 144 of 1981, decided on 28th November, 1982.
---Art.199--Punjab Local Government Ordinance (VI of 1979), S.21(2)(f) [as added by Punjab Local Government (Amendment) Ordinance (IV of 1981) ]--Person suffering from disqualification at time of election to local counsel-- effect of amendment--In view of amendment introduced by Ordinance IV of 1981, disqualification to be members of Union Council having been removed, impugned order passed by Authority disqualifying such member, held, would be of no legal effect--Person removed from membership of on Council because of disqualification was thus declared to be member of such Union Council.
Syed Shams-ud-Din Mahmood for Petitioners.
Nemo for Respondents.
Date of hearing: 28th November, 1982.
The petitioners and the respondents Nos. 2 to 8 contested last election for membership-of Union Council Basti Shadoo Khan, Tehsil Leiah, District Muzaffargarh held under the Punjab Local Government Ordinance on 25-9-1979. As a result of the election the petitioners and Muhammad Hussain respondent No. 3 were elected. Bahadar Khan respondent No. 2 challenged the election of the petitioners by means of Election Petition before the Election Tribunal/Deputy Commissioner, Muzaffargarh it was alleged in the Election Petition that the petitioners being depot-holders and members of the defunct People's Party used malpractices in 'heir election. Respondent No. 1 after recording evidence of the parties allowed the Election Petition holding the petitioners depot-holders disqualified to contest election, vide the impugned order, dated 16-6-1980 declared Bahadar Khan, respondent No. 2 and Muhammad Ali, respondent No. 5, elected under rule 12(c) of the Punjab Loch) Councils (Election Petitions) Rules, 1979.
2. This petition calls in question the aforesaid order.
3. None has appeared on behalf of the respondents to oppose this petition.
4. Learned counsel for the petitioners contended that in view of the amendment introduced in the relevant law by virtue of Ordinance IV of 1981 the petitioners' disqualification to be members of the Union Council has been removed and prayed that the impugned order passed by respondent No. 1 be declared to be of no legal effect.
5. By virtue of addition made in clause (f) and subsection (2) of section 21 of the Punjab Local Government Ordinance, 1979, vide Ordinance IV of 1981, the relevant to the portion extent is reproduced hereunder: -
Section 21. Disqualifications of candidates and members.--(1) A person shall be disqualified to be a candidate or a member of a local council:-
(a) ...............................................................
(b) ...............................................................
(c) ...............................................................
(e) ...............................................................
(f) if he for the time being is disqualified for membership of the
Parliament or a Provincial Assembly under any law for the time being in force:
Provided that this disqulification shall not be applicable to--
(1) a person who has, whether by himself or by any person in trust for him or for his benefit or on his account, any share or interest in--
(a) a contract for the supply of goods to, or the execution of any work of the Federal Government or a Provincial Government or an autonomous body in which such a Government has a controlling share or interest or a local authority other than the one in which that person is a candidate for election;
(b) the performance of any service undertaken by any, such Government, autonomous body or local authority; and
(2) ...............................................................
(g) ...............................................................
(h) ...............................................................
(2) Any person who immediately before the commencement of the Punjab Local Government (Amendment) Ordinance, 1981, was suffering from a disqualification which has been removed by virtue of the proviso to clause (f) of subsection (1), or who has been removed from such membership by any authority or tribunal constituted under any provision of the Ordinance or by any decree, judgment or order of any Court on the grounds of the said disqualification shall, notwithstanding any other provision to the contrary in this Ordinance, be eligible to be a candidate or a member of a local council".
The disqualification of petitioners' being depot-holders, notwithstanding the impugned order stood removed. ,,'In view of the aforesaid amendment in the relevant law, the impugned order passed by the respondent No. 1 holding the petitioners disqualified to be members of the union council is declared to be of no legal effect and is quashed.
6. In the result this petition is allowed and it is declared that 'the petitioners are members of the Local Council, Basti Shadoo Khan, Tehsil Leiah, District Muzaffargarh.
7. As none has come to oppose this petition, there shall be no order as to costs.
A.A. Petition allowed.
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