1993 PLP 1516 (CLC)

4‑AA have considered the arguments addressed by the learned counsel for the parties and have also gone through the record. Admittedly the petitioner was a lessee and was collecting fee on the sale of cattle in a Cattle Market within the limits of Zila Council at the time when he filed his nomination papers to contest the election and was declared elected therein. For the purposes of reference the relevant provisions of Section 21 (1) (f) as well as Article 10 (2) (8) of the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 are reproduced as under: Section 21(1)(f) A person shall be disqualified to be a candidate or a member of local council:‑ (f) if he for the time being is disqualified for membership of the Parliament or a Provincial Assembly under any law for the time being in force; (1) A person who has whether by himself or by any person in trust for him or for his benefit or his account any share or interest in‑‑‑ (a) a contract for the supply of goods to, or the execution of any work of the Federal Government or a Provincial Government or an autonomous body in which such a Government has a controlling share or interest or a local authority other than the one in which that person is a candidate for election; (b) the performance of any service undertaken by any such Government, autonomous body or local authority. Article 10 (2)(8) Qualifications and disqualifications for membership of parliament: ‑‑‑ (2) A person shall be disqualified from being elected or chosen as, and from being, a member, of Parliament‑‑‑ (a) XXX?????????? XXX??? XXX??? XXX (b) if‑‑‑ (1) (2)??????? ..................

8. If he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a Cooperative Society and Government, for the supply of goods to, or for the execution of any contract or the performance of any service undertaken by Government; A bare perusal of the provisions of section 21(1) (f) read with clauses (a) and (b) to para. 1 of the provision of clause (f) as well as Article 10 (2) (8), it stands established that as the petitioner is interested in the execution of the work of the Zila Council, Chakwal i.e. the collection of fee on sale of cattle and has a personal interest therein, he is disqualified to contest the election as a Member of the same Local Council. The judgment cited by the learned counsel for the petitioner is distinguishable on facts in as mush as clause (a), paragraph 1 to the proviso of clause (f) has not been interpreted in the judgment and moreso the judgment was rendered' in a petition for issuance of a writ of quo warranto wherein the disqualification could have been shed, off and the learned single Judge has held that the election petition shall be the proper remedy. In the case in hand, the petitioner has been declared as disqualified by an election tribunal which is a Court of competent jurisdiction and in this Constitutional petition the legality and vires of that order has to be seen. Hence law declared in the cited case is not attracted in this case.

6. Resultantly, I see no reason of differ with the view taken by the lection Tribunal and, therefore, the writ petition having no force is dismissed. The parties to bear their own costs. A.A./Z‑76/L???????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.