1984 PLP 1443 (CLC)

(a) Punjab Local Government Ordinance (VI of 1979)‑ ‑‑‑S. 26(2)‑Punjab Local Councils (Election) Rules, 1979, r. 58 Provisional Constitution Order (1 of 1981), Art. 9‑Election‑Local council‑Disturbance in one seat, held, cannot be taken to mean that general elections to local council not taken place. (b) Punjab Local Government Ordinance (VI of 1979)‑ ‑‑ S. 26 (3‑A)‑Provisional Constitution Order (I of 1981), Art. 9 Election‑Local council‑Stay order issued by High Court regarding holding of election of Special Interest Seat, held, no bar to election of Chairman and Vice‑Chairman‑Elementary principle of law of elections, held further, is to find out as to whom majority of cons tituency prefers to represent them and once that is found out there is no jurisdiction to unseat elected office‑holders so as to leave such offices un-represented. ABDUL SHAKURUL SALAM, J.‑The petitioner contested election from Ward No. 5 village Buddoki, Union Council Maujoki, Tehsil Chunian, Distinct Kasur, on 28th September, 1983. Because of disturbances the election was not completed. A report to that effect was made. The election of special interest seats was to be held on 29th October, 1983 but on the motion of the petitioner through Writ Petition No. 4419 of 1983 the election of the special seats was stayed by the High Court. The election of the Chairman and Vice‑Chairman was held on 8th November, 1983 and res pondents Nos. 1 and 2 were elected as Chairman and Vice‑Chairman, res pectively. The petition has challenged these elections through the present constitutional petition.

2. Learned counsel for the petitioner has contended that without his election, election of special seats could not take place and without taking place of election of the specs seats, election of Chairman and Vice‑Chair man could not take place. He has referred to section 26 of the Punjab Local Government Ordinance, 1979 and has read subsection (2) which is to the following effect :‑ "As soon as may be, after the elections to Muslim and Non‑Muslim seats of a local council have been held and the names of the elected members have been notified, there shall be held an election to fill seats reserved in that local council for peasants, workers and women, as the case may be." ' He has also read rule 58 of the Election Rules, 1979 which is to the follow ing effect :‑ "As soon as may be, after the issue of notification of names of members of local councils including members belonging to minority commu nities and special interest, the Election Authority shall by notifica tion appoint a date for a meeting of the members of each local council to elect the Chairman and Vice‑Chairman."

3. The contention of the learned counsel for the petitioner has no force. The election to the local council was held and if for one of the seats the election had been disturbed, that would not mean that general elections to the local council had not taken place. The second limb of the argument that because of non‑election of special seats, election of Chairman and Vice- Chairman could not take place is expressly created for by subsection (3‑A)l of section 26, which is as follows : ‑ "Nothing contained in subsections. (2) and (3) shall be deemed to prevent the holding of the election of the Chairman and Vice- Chairman of the local council if, as a result of an order of a Court of competent jurisdiction, any of the seats of the local council remains vacant or an elected member of the local council is res trained from participating in the proceedings for the election of the Chairman and Vice‑Chairman." Since there was a stay order regarding the holding of election of special seats issued by the High Court, the election of Chairman and Vice‑Chairman' could take place under the last mentioned provision. An elementary principle of law of elections is to find out as to whom the majority of the constituency prefers to represent them. Once that is found out, there is no justification to unseat the elected office‑holders so as to leave such offices un-represented.

3. For the foregoing reasons, this petition has no merit or force and is accordingly dismissed in limine. M' Y' H. Petition dismissed.