1988 PLP 1080 (CLC)

(b) Sind Local Government Ordinance (XII of 1979)‑‑ ‑‑‑5. 35‑‑Election of Local Bodies‑‑Mere membership or being office- bearer of a political party, held, was no disqualification for taking part in Local Bodies election s‑,‑1987). Mohammad Hanif Mangi for Petitioner, Zawar Hussain Jafferi, A.A.‑G. for Respondent No.3. Date of hearing: 24th November, 1987. NASIR ASLAM ZAHID, J.‑‑The petitioner had filed nomination .papers for contesting the Local Bodies elections scheduled for 30‑11‑1987 against a Seat in Town Committee, Lakhi, District Shikarpur but his nomination papers were rejected by order dated 13‑11‑1987 of the Returning Officer on the ground that the petitioner belongs to a political party and the Local Bodies elections are being held on non‑political basis. The columns Nos. 4 (i) (ii) (iii) in the nomination form were also left blank. The petitioner's appeal has been rejected by the appellate authority/ Deputy Commissioner, Shikarpur by order dated 18‑11‑1987. The two orders are impugned in the present Constitutional Petition. We have heard Mr. Mohammad Hanif Mangi, learned counsel for the petitioner and Mr. Zawar Hussain Jafferi, learned A AG for respondents Nos.l and

2. Respondent No.2 Assistant Commissioner and Returning Officer, Town Committee, Lahore SDM Garhiyasin, District Shikarpur is also present in person alongwith record which has been perused by us. It is submitted by learned counsel for the petitioner that mere, membership or office‑bearership of a political party is not a disqualification for taking part in the forthcoming Local Bodies election and this proposition is conceded by the learned A . A.‑G. We are also of the same view. No provision has been referred to us which place an embargo on a member of a political party or an office‑bearer o the political party from taking part in the forthcoming Local Bodies elections of 1987. From the order of the Returning Officer dated 13‑11‑1987, it is apparent that a certificate had been produced the petitioner before the Returning Officer signed by the Presiden of Pakistan Peoples Party, Shikarpur District that the resignation o the petitioner from the party membership had been accepted on 21‑10‑1987. Be that as it may, the nomination papers of the petitioner could not be rejected on the ground that he was a member or office‑bearer of a political party. Columns Nos. 4 (i) (ii) and (iii) the nomination paper are of inconsequential nature and when information had been given by the petitioner by producing a certificate date 21‑10‑1987, he should have been asked by the Returning Officer t fill up such blanks. In any case, we are of the view that by learn the three aforesaid columns as blank, which columns asked question which were of trivial and inconsequential nature, the nomination paper of the petitioner could not have been rejected. There is no other defect pointed out in the nomination papers of the petitioner. As a result Constitutional Petition No. D‑303/87 is allowed and the impugned order, dated 13‑11‑1987 of the Returning Officer an the impugned order dated 18‑11‑1987 of the appellate authority are hereby declared to have been passed without lawful authority and t be of no legal effect. The result is that the nomination papers of the D petitioner are deemed to have been accepted and he is entitled t take part in the elections to be held on 30‑11‑1987. It is informed that the symbols have already been allocated to the candidates whose nomination papers have been accepted. The learned SDM Garhiyasin/ Returning Officer is present. He is directed to allocate a symbol to the petitioner by 4‑0 p.m. tomorrow i.e. 25‑11‑1987. There will be no order as to costs. M. Y. H./F‑46/K Petition allowed.