1986 PLP 1007 (CLC)
FAZAL AHMAD‑‑Petitioner Versus MURAD MASIH and others‑‑Respondents
| Citation | 1986 PLP 1007 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Zafarullah and Fazl‑i‑Mahmood, JJ |
| Parties | FAZAL AHMAD‑‑Petitioner Versus MURAD MASIH and others‑‑Respondents |
| Primary Law | Punjab Local Government Ordinance (VI of 1979)‑‑ |
Q1: What are the key laws and sections cited in 1986 PLP 1007 (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 1986 PLP 1007 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Zafarullah and Fazl‑i‑Mahmood, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 1007 (CLC) (FAZAL AHMAD‑‑Petitioner Versus MURAD MASIH and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- C.M. Latif Rawn for Petitioner.
- Date of hearing: 8th June,
Headnotes / Summary
‑‑‑S.21(1)(e)‑‑Election of Union Council‑‑Disqualification of member‑ -Elected member to seat reserved for minorities in Union Council, was proved to be in regular Government Service on day he was declared elected‑‑Such elected member, held, could not hold public office of member of Union Council. Mahmoodul Haq Thanvi for the State.
Judgment & Decree
MUHAMMAD ZAFARULLAH, J.‑‑Murad Masih respondent No.l was elected unopposed to a seat reserved for minorities in Union Council Baherwal, Tehsil Kharian, District Gujrat. The election was held on 14‑9‑1983. The petitioner has brought this writ petition challenging the authority of Murad Masih respondent to hold the public office as member of the Union Council on the ground that Murad Masih was a regular Government servant on the day when he was declared elected. A certifi cate dated 29‑10‑1983 signed by an officer of the Army has been produced by the petitioner. According to this certificate Murad Masih was a regualr Government servant and was being paid from defence service estimate. Nothing has been produced in rebuttal on behalf of Murad Masih.
2. The certificate referred to above sufficiently indicates that the respondent was not qualified to hold public office as he was a regular Government Servant on the day he was declared elected. He, therefore, cannot hold public office of the member of a Union Council. The writ petition is, therefore, allowed. The seat held by Murad Masih, respondent No.l is declared to be vacant. There shall be no order as to costs . H . B . T . Writ petition allowed.