2009 PLP 1287 (MLD)

IJAZ AHMAD CHAUDHRY,

Briefly the facts as narrated in the petition are that Nazim of Union Council-18 ,Shah Kot died on 16-4-2009 and seat of Nazim fell vacant. Naib Nazim of the Union Council called the meeting of the General House under section 156 (7) of Punjab Local Government Act, 2001, in which the petitioner secured majority votes and elected an Acting Union Nazim till the elections are held. However, one of the members of the Union Council raised objection that petitioner was not matriculate and he could not become Acting Nazim. According to the petitioner there was no embargo on any councillor in performing as an Acting Nazim under section 156(7) of Punjab Local Government Act, 2001. In such circumstances the petitioner who has been elected as Acting Nazim should be allowed to continue the work in the same capacity and order dated 12-5-2009 passed by respondent No.1 whereby Naib Nazim of Union Council has been directed to hold a fresh meeting for the selection of the Nazim is against the law, which is liable to be set aside.

2. Report and parawise comments have been submitted by respondent No.2 alleging therein that meeting has been held on the direction of DCO on 16-5-2009 by Naib Nazim Fayyaz Ahmed Chaudhry according to which Sheikh Rashid Mehmood has been elected as Officiating Nazim of the Union Council 18 (Urban 2) Shah Kot Distt. Nankana as he has possessed the matriculation certificate while the petitioner Isar Hussain Naqvi does not hold the requisite qualification for contesting election of Nazim under section 152 of the Punjab Local Government Ordinance, 2001 and in the election out of 12 members, seven members have supported the rival candidate of the petitioner namely Sheikh Rashid Mehmood and writ petition may be dismissed.

3. I have heard the learned counsel for the parties and perused the documents and parawise comments submitted by the respondent No.2.

4. It is admitted fact that petitioner is not matriculate while under section 152(e) of the Punjab Local Government Ordinance, 2001, the prescribed qualification is matriculate, which is reproduced as under:-- "that Candidate has academic qualifications of not less than matriculation or secondary school certificate of equivalent from a recognized institution, for contesting the election of a Nazim or a Naib Nazim''. And section 156 (7) thereof deals with the circumstances, if the seat of the Nazim or Naib Nazim falls vacant which is reproduced here for ready reference:-- "When the office of a Union Nazim or Naib Union Nazim falls vacant, the members of concerned Council shall, by a majority vote, elect an officiating Union Nazim or, as the case may be, Naib Union Nazim from amongst its members and the person so elected shall continue to retain his office as a member."

5. From the above provisions it is crystal clear that for the election of Nazim or Naib Nazim the prescribed qualification is matriculate and there is no provision that even a non-matriculate member can act as an officiating Nazim, if the said seat falls vacant. Even otherwise the member having the confidence of majority votes can act as an officiating Nazim. It is an admitted fact that Sheikh Rashid Mehmood respondent No.3 is a matriculate and he has secured confidence of 7 members out of the 12 and as against him the petitioner cannot be allowed to act as an officiating Nazim being not eligible for the same. Moreover, the petitioner has failed to show that it is his vested right to act as officiating Nazim and no writ can be issued in his favour. This writ petition having no merit is dismissed accordingly. Respondent No.1 is allowed to issue the notification as per result of the fresh elections and the learned Addl. Advocate-General shall inform respondent No.1 for compliance. H.B.T./E-12/L Petition dismissed.