1991 PLP 2005 (SCMR)
MUHAMMAD RAHIM — Petitioner Versus ZAHOOR AHMAD and 5 others — Respondents
| Citation | 1991 PLP 2005 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ. and Abdul Qadeer Chaudhry J |
| Parties | MUHAMMAD RAHIM — Petitioner Versus ZAHOOR AHMAD and 5 others — Respondents |
| Primary Law | Balochistan Local Government Ordinance (II of 1980) |
Q1: What are the key laws and sections cited in 1991 PLP 2005 (SCMR)?
This judgment primarily cites: Balochistan Local Government Ordinance (II of 1980) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 2005 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ. and Abdul Qadeer Chaudhry J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 2005 (SCMR) (MUHAMMAD RAHIM — Petitioner Versus ZAHOOR AHMAD and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Riaz Ahmed, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 6th June, 1991.
- Muhammad Riaz Ahmed, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(Against the judgment and order dated 3-9-1990 of the High Court of Balochistan, in Constitution Petition No.4 of 1990).
S. 21(G)
Constitution of Pakistan (1973), Art. 185(3)
Petitioner's election as a Councillor was set aside on the ground that he being employee of WAPDA, his services were terminated on 8-8-1987 disqualifying him to contest election-- Petitioner claimed that he submitted his resignation which was accepted by competent authority, thus, bar contained in S.21(G), Balochistan Local Government Ordinance 1980 would not apply to his case
New elections to Local Bodies being due within short time, even if leave was granted, appeal could not be heard within short time
Period of two years having already expired, bar contained in S. 21(G) Balochistan Local Government Ordinance, 1980, was not of a permanent nature
Question involved in the petition was thus kept open
Petitioner having not pressed his petition for leave, same was dismissed in circumstances.
Judgment & Decree
ABDUL QADEER CHAUDHRY, J: ‑‑Leave to appeal is sought against the judgment of the High Court dated 3‑9‑1990.
2. The facts, in brief, are that the petitioner contested Local Bodies Election on 30‑11‑1990 and was elected. An election petition was filed challenging the election of the petitioner by respondent which was accepted by the Election Tribunal, The Constitution Petition filed by the present petitioner was dismissed.
3. The reasons which weighed with the High Court in dismissing the petitioner's petition were that he was not qualified to contest the election under section 21(G) of the Balochistan Local Government Ordinance, 1980 (hereinafter referred to as the Ordinance) because the services of the petitioner from WAPDA were terminated on 8‑8‑1987. The case of the petitioner is that he submitted his resignation which was accepted by the competent authority as such the bar contained in section 21(G) of the Ordinance does not apply to the case of the petitioner. The learned counsel has stated that new elections to the Local Bodies are due within short time. In such circumstances even if leave is granted, it would not be possible that the appeal be heard in short time. Even otherwise, the period of two years had already expired, therefore, that bar is not of permanent nature. As such, the question involved is kept open. The petitioner, therefore, does not press this petition. The petition is dismissed as such. AA./M‑1522/S Petition dismissed.