P L D 2014 Balochistan 128 (PLP)

MUHAMMAD KAMRAN KHAN MULAKHAIL, J

The nomination papers of the petitioner were accepted by the Returning Officer (respondent No.2) but the said acceptance order was assailed by respondent No.1, in Election Appeal No.24 of 2013, before the Appellate Authority/District and Sessions Judge, Sibi, who vide order dated 17-11-2013, accepted the appeal and nomination papers of petitioner were rejected. The petitioner through instant petition has sought direction to the official respondents for including his name in the list of validly nominated candidates of Ward No.17, of the Municipal Committee, Sibi.

2. The learned counsel for the petitioner contended that the petitioner was holding the office of the Chairman District Zakat Committee ("the Committee") Sibi. However, as he wanted to participate in the upcoming local council elections, and prior to announcement of election schedule, he resigned from the office of the chairman on 30-10-2013. Thereafter, he had submitted nomination forms for contesting election from Ward No.17 of the Municipal Committee, Sibi, and his nomination paper was accepted by respondent No.2 on 11-11-2013. However, on appeal filed by respondent No.1, the Appellate Authority/District and Sessions Judge, Sibi by accepting the appeal rejected the nomination paper of the petitioner on the ground that the required six months had not expired since his resignation. The learned counsel for the petitioner stated that, the chairmanship of the Committee, was already resigned by the petitioner to avoid any uncalled for exploitation or propaganda of his political opponents. He further stated that the post of Chairman of the Committee was a part time one and the said office is not remunerated either by salary, fee or honorarium, therefore, cannot be disqualified. He contended that the Appellate Authority/District and Sessions Judge has erred in law, without applying a judicious mind, and without rendering any details in the impugned order, therefore the order, is not sustainable being non-speaking and passed in utter violation of Balochistan Local Government Act, 2010 ("the Act"). He submitted that directions may be issued to the official respondents for including the name of the petitioner in the list of validly nominated candidates of Ward No.17. Municipal Committee, Sibi.

3. Messrs Asif Baloch and Nadir Ali Chalgari, Advocates for the respondent No.1, have strongly opposed the petition. They contended that if the petitioner was not earning any disqualification as enumerated under Section 24, of the Act, he should have not resigned from the office of the Chairman, District Zakat Committee, Sibi. They referred to Section 24 (f) of the Act and stated that the qualification for candidates and elected members of a local council is provided therein without any ambiguity and the order passed by the Appellate Authority is within the four corners of the statute, i.e. the Act. The petitioner stood disqualified from contesting elections as six months has not expired since he held the office of the Chairman of the Committee, therefore, nomination paper of the petitioner was rightly rejected in consequence of acceptance of appeal and instant petition is also liable to be dismissed.

4. The learned Assistant A.-G. Mr. Shai Haq Baloch, endorsed the arguments of the private respondent's counsel and urged for the dismissal of the petition.

5. Before dealing with the controversy involved in the instant case, it would be advantageous to consider section 24 of the Act, relevant clause whereof is reproduced here under: "

24. Qualification for candidates and elected members.

(1) A person shall qualify to be elected or to hold an elected office or membership of a local council, if he- (f) Is not in service of Federal Government, Provincial Government or a local council or any statutory body or a body which is controlled by any such government or council or, in which any of such government or council has a controlling share or interest except the holder of elected public office and part-time officials remunerated either by salary or fee: Provided that in case of a person who has resigned or retired from such service, a period of not less than six months has elapsed since his retirement;"

6. It would also be useful to reproduce section 14 (4) and section 23 of Balochistan Zakat and Ushr Act, 2012: "

14. District Zakat and Ushr Committee.

(4) The Chairman shall be nominated by the Government in consultation with the Provincial Council and the members shall be nominated by the Provincial Council in consultation with the Chairman: Provided that the Chairman District Zakat Committee shall be a person who possesses Secondary School Certificate or equivalent qualification and of high moral character not commonly known person, who violates Islamic injunctions, is of financial integrity and do not engage in political activity. Provided further that members of the District Committee shall be the person who are of good moral character, are not commonly known as person, who violates Islamic injunction, are of financial integrity and do not engage in political activities." "

23. Certain Persons to be Public Servants.--Every person engaged in, or applied for the administration of this Act, shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code, Act (XLV of 1860). Explanation. For the purpose of this section the Chairman and members of the District Committee and Local Committee shall be the persons engaged in the administration of this Act".

7. The Chairmen, amongst others, are not permitted to be involved in "political activity'. as stipulated in the Balochistan Zakat and Ushr Act, 2012. The word 'politics' denotes the science of government, or the art of practice of administering public affairs. The participation in the local council elections is political activity.

8. The legislatures did not want a person engaged in administration of Zakat and Ushr Act, 2012 to be involved in politics. Zakat is distributed among the needy citizens including widows, orphans, disabled persons and other vulnerable citizens. The period of three years is also stipulated for the office of the Chairman and the members of Zakat Committees, whereas the duration of local council office is four years. A person. who is engaged in the administration of Zakat fund, would be distributing and disbursing the annuities of Zakat to the annuitants. Thus for initial three years he may be securing his future political objects and after three years contest an election of local council. The vulnerable citizens/voters living within the precincts of relevant ward may be obliged at the cost of Zakat fund to vote in his favour. If this is permitted the local government system, being the grass root of basic democratic system would be frustrated and may lose its sanctity. The legislature therefore, in its wisdom has introduced a period of six months so that any influence that such a person has will not impact the result of the election. Any person engaged in administration of Zakat is also termed as 'public servant'. All public servants are disqualified to be elected or to hold an elective office of local council, unless a period of six months elapsed, since his/her retirement or resignation from the office.

9. The petitioner appears to have been conscious of the fact that being the Chairman of Zakat Committee he cannot take part in political activity, therefore, he resigned from the office, otherwise there was no need for him to resign. The petitioner being a public servant and engaged in administration of Zakat, incurred a disqualification for a period of six months in view of section 24(1)(f) of the Balochistan Local Government Act, 2010. The order passed by learned Appellate Authority is in accordance with law and no interference by this court is required. The petition is dismissed accordingly. MH/13/Bal. Petition dismisse