1993 PLP 1231 (CLC)
ABDUL RASHID KHAN‑‑‑Petitioner Versus MUHAMMAD AQIL and another‑‑‑Respondents
| Citation | 1993 PLP 1231 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Sajjad Ahmed Sipra, J |
| Parties | ABDUL RASHID KHAN‑‑‑Petitioner Versus MUHAMMAD AQIL and another‑‑‑Respondents |
| Primary Law | Punjab Local Government Ordinance (VI of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 1231 (CLC)?
This judgment primarily cites: Punjab Local Government Ordinance (VI of 1979)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1231 (CLC)?
The case was heard and decided by the Lahore bench comprising: Sajjad Ahmed Sipra, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 1231 (CLC) (ABDUL RASHID KHAN‑‑‑Petitioner Versus MUHAMMAD AQIL and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mushtaq Ahamad Khan for Petitioner.
Headnotes / Summary
Ss. 21 (F) 29&32
Disqualification of sitting meembrer to contest election Disqualification of a sittingh member of Town Committee, could only take place if so determined by a forum of competent jurisdiction in accordance with law if a sitting member of Towen Committee was qualification to remain a member of said Committee he was fully qualified to be a candidate for the post of chairmanship of said Commiittee and could contest such election.
Judgment & Decree
Ch. Mushtaq Ahamad Khan for Petitioner. The present writ petition calls in question the order dated 6‑6‑1991, by respondent No.2 herein, whereby the nomination manner fled respondent No.1for the post of Chairmanship of the Town Committee, Kalurkot, District Bhakkar was accepted and the objection raised against the same by the petitioner was rejected.
2. The learned counsel contended that as the "House" of the Town Committee in question has passed a resolution against respondent No.1to the effect that he had misappropriated the funds of the Town Committee, therefore, the said respondent stood "disqualified" from being a candidate for the post of Chairmanship, as stated above. In this respect, referred to clause (f) of section 21 of the Punjab Local Government Ordinance, 1979, wherein it has been stated that any one "disqualified" cannot contest the election in question.
3. However, the learned counsel failed to support his contention, stated above, by any reference to any provision of the law to establish that the mere resolution of the Town Committee is enough to establish that the allegation stands proved and that it would result in disqualification, as asserted.
4. The learned counsel further contended that respondent No.1was otherwise "disqualified" from contesting the election in question as he was not an "Ameen", as required. In this respect, referred to the provisions of Articles 62 and 63 of the Constitution of the Islamic Republic of Pakistan to further contend that, therefore, the said respondent was not qualified to be a candidate for the post of the Chairmanship of the Town Committee, Kalurkot.
5. But, the said contention also does not help the case of the petitioner, in any manner, for, respondent No.2 is a sitting member of the Town Committee in question and, therefore, if he is qualified to remain a member of the said Town Committee, obviously he is fully qualified to be a candidate for the post of the Chairmanship of the Committee. Furthermore, the learned counsel failed to controvert the observation that disqualification of a sitting member of the Town Committee can only take place if so determined by a forum of competent jurisdiction, in accordance with law.
6. In view of what has been stated above, the present writ petition, being devoid of merit, is hereby dismissed in limine. H.B.T./A‑1424/L Petition dismissed.