2016 PLP 196 (CLC)

MUHAMMAD ALAM, J. Order dated 15-05-2015 of the Election Tribunal and order dated 04-05-2015 of the Returning Officer of the constituency No.GBLA-14 of Astore-2, has been challenged through this writ petition.

2. Petitioner presented his nomination papers to the Returning Officer (respondent No.1), who, through his order dated 04-05-2015, declared petitioner disqualified to contest the elections in the suit constituency on the ground that petitioner is Chairman Zakat and Ushar. On appeal, the Election Tribunal upheld the orders of the Returning Officer (respondent No.1). Feeling aggrieved from the said two orders, petitioner filed this writ petition.

3. We have heard arguments advanced by the counsel for petitioner and have gone through the material available on file. At this stage of the case, we are taking in consideration the available documents, particularly, the impugned order dated 15-05-2015 of the learned Election Tribunal. The learned Election Tribunal has passed impugned order after hearing the parties. For ready reference, we are reproducing a very relevant and interesting part of impugned order of the learned Election Tribunal hereunder:- "So we are of the firm view that although the position of appellant as Chairman Zakat and Ushar does not bar him from contesting the election except the above embargo of acceptance or otherwise of the resignation." From perusal of the above part of impugned order, we have come to the conclusion that the only disqualification that petitioner suffers is that he is still holding the post of Chairman Zakat and Ushar simply because his resignation that he tendered on 16-04-2015 has not yet been accepted. In this connection, we deemd it proper to give the background of the circumstances in which the petitioner presented his resignation but the same was not accepted till rejection of his nomination papers by the respondents as well as by the Election Tribunal. From perusal of file, it is evident that petitioner presented his resignation through an application to the Administrator Zakat and Ushar G.B. on 16-04-2015 The resignation so presented is unconditional, and in that case, the same shall be deemed accepted as and when sent to the Administrator Zakat and Ushar. It is also not disputed that the post of Chairman Zakat and Ushar is a post but devoid of any monetary benefits or monthly remuneration etc. In our opinion, in such circumstances, the Administrator Zakat and Ushar, was legally bound to accept the resignation as and when it was conveyed to him. But for reasons better known to the Administrator Zakat and Ushar, the resignation of the petitioner is still waiting its acceptance.

4. In our opinion, petitioner cannot be deprived of contesting the suit elections simply because the Administrator Zakat and Ushar did not convey the acceptance of his resignation to the respondents. In the peculiar circumstances of the case in hand, acceptance or otherwise of the resignation of petitioner is never sweet or whimsical discretion of the Administrator Zakat and Ushar as the post of petitioner is not a regular government job but is a symbolic post.

5. So we are of the view that from 16-04-2015, the day of presenting the resignation, petitioner is no more Chairman Zakat and Ushar, nor the said position of petitioner operates as any kind of disqualification for contesting the suit elections. The post that petitioner allegedly holds is a symbolic one and not a regular post, therefore, acceptance of resignation of the petitioner is not mandatory as a qualifying condition to contest the suit elections.

6. In the sequel of above discussion, we accept this petition, set aside the impugned orders of the respondents as well as the Election Tribunal. We direct the respondent for expunging the remarks of the rejection of the nomination papers of the petitioner and instead, endorsement of acceptance of the nomination papers of the petitioner be written on his nomination papers. Petition allowed. File be consigned to record. HBT/109/GB Petition accepted.