1994 PLP 422 (MLD)

MUHAMMAD ARIF, J: --This appeal under subsection (5) of section 14 of the, Representation of the People Act (No.1XXXV of 1976) is directed against order, dated 2-9-1993 passed by Returning Officer PP-135, Sheikbupura-11, whereby the nomination papers of the appellant were rejected by the learned Returning .Officer on the ground that being an employee of the Ittehad Chemicals Ltd. as Plant Operator vide Card No.195 and the said concern being owned and managed by Ministry of Production, Government of Pakistan, Islamabad, is not eligible to contest the Election under section 99 (1-A)(e) of the Representation of the People Act, 1976.

2. On enquiries made from the local Management of the Ittehad Chemicals through Mr. Javed Iqbal Siddiqui, Registrar of the Tribunal, it was stated by Ch. Mushtaq, M.D. on telephone that the said concern is a body controlled by the Government of Pakistan through Ministry of Production. When asked to argue how the appellant can successfully overcome the apparent disqualification contained in clause (e) of subsection (1-A) of section 99 of the Representation of the People Act, 1976, the learned counsel for the appellant sought an hour's adjournment to contact his client in that behalf. The request was allowed. Case was called out at 2-00 p.m. and 3-20 p.m. but neither the appellant nor his learned counsel entered appearance on either call. Respondent No.1 was present during the initial hearing of the appeal but even he did not appear on the subsequent calls.

3. Having considered the cause as pleaded by the appellant in the memo. of appeal, we are inclined to dismiss the same both on merits and in default of appearance. It is the case of the appellant himself that he is employed in Ittehad Chemicals Limited as a Plant Operator. He claims that the Ittehad Chemicals Limited is a company registered under the Companies Act. It has nothing got to do with the affairs of the State thus "the appellant can neither be termed as a Government Servant or a Public Servant, therefore, the bar as contained in section 99(1-A)(e) is not applicable on facts to the nomination of the Appellant." We are afraid the contention is devoid of any merit. Clause (e) of subsection (1-A) of section 99 of the Representation of People Act, 1976, reads as under:

"(1-A) a person shall be disqualified from being elected as, and from being, a member of an Assembly, if

(a)

(e) he is in the service of any statutory body or anybody which is owned or controlled by the Government or in which the Government has a controlling share or interest; The appellant being in the service of the Ittehad Chemicals Limited which is controlled by the Government of Pakistan is hit by the disqualifying provision aforequoted. The impugned order, dated 2-9-1993 has not been found to be suffering from any illegality whatsoever. Although an opportunity was afforded to the learned counsel for the appellant to obtain information/instructions from his client with a view to controverting the authenticity of the information received by the Tribunal from the local Management of Ittehad Chemicals and also to argue how clause (e) of subsection (1-A) of section 99 of the Representation of the People Act, 1976 is not applicable to the case of the appellant but he failed to avail of the same. Accordingly, the appeal is dismissed both on merits and for default. H.B.T./107/E Appeal dismissed,