1992 PLP 1185 (CLC)

‑‑‑‑R.58‑‑‑Election to offices of Chairman and Vice‑Chairman of Union Council‑‑‑Objection on ground that one of the elected members having not taken Oath of Office, Union Council concerned was not constituted‑‑ Validity‑‑‑Names of all successful candidates including that of the one who had not taken Oath as yet, were duly notified in official Gazette as members of Union Council‑‑‑Election Authority, after issuance of Notification of names of members of Local Councils including those belonging to minority communities and special interests, had fixed date calling upon members of Union Council concerned, to elect their Chairman and Vice‑Chairman‑‑‑Requirement of R.58, Punjab Local Councils (Election) Rules, 1979, thus stood fully met with issuance of notification of election of all the members including that one who had not taken Oath of office‑‑‑No impediment for holding election for offices of Chairman and Vice‑Chairman was pointed out‑‑‑‑Union Council stood constituted as soon as names of members of council were notified, irrespective of the fact whether members had taken Oath or not‑‑‑Authority, thus, could not be restrained from holding election to the office of Chairman and Vice Chairman, as per schedule. Raja Abdul Aziz Bhatti for Petitioner. FALAK SHER, J.‑‑‑The petitioner and respondent No3 were elected as members of the Union Council, Sahang, Tehsil Gujjar Khan, District Rawalpindi. Both of them are candidates for the election to the office of Chairman of the said Union Council which is scheduled to be held on 24‑2 1992. The petitioner has filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, praying therein that respondents Nos.1 and 2 be restrained from holding the election on the scheduled date for the reason that formation of Union Council is not complete. It is explained that' one Noor Hussain had contested election to a seat in the said Union Council as also for the membership of Zila Council, Rawalpindi, and. in both these elections, he was declared successful but has opted to remain member of Zila Council, with the result that his seat stands vacated. According to the petitioner, the elections to the offices of chairmanship and vice chairmanship can only be held after the election to the vacant seat.

2. We have heard the learned counsel for the petitioner. He has reiterated the same argument and has also contended that as Noor Hussain had not taken oath, the Union Council was not complete.

3. It is not denied by the learned counsel that after elections, the names of all successful candidates including Noor Hussain Shah were duly notified in the official Gazette as members of the Union Council. According to rule 58 of the Punjab Local Councils (Election) Rules, 1979, as soon as after the issuance of the Notification of the names of the members of Local Councils including those belonging to minority communities and special interests, the Election Authority has to fix a date calling upon the members of the Union Council to elect their chairman and vice‑chairman. This requirement of the rule stood fully met with by issuance of the notification of election of all the members including Noor Hussain. There is, therefore, no impediment for holding elections for the offices of the chairman and vice‑chairman. Irrespective of the fact whether members had taken oath or not, the Union Council stood' constituted as soon as names of the members of the Local Council were notified in terms of Rule 41 (2) of the Punjab Local Councils (Election) Rules, 1979, by the Deputy Commissioner concerned. There is no merit in this petition which is dismissed in limine. A.A./A‑84/L Petition dismissed.