1981 PLP 260 (CLC)
JUMMA KHAN‑Petitioner Versus MEHAR ALI AND 3 OTHERS‑Respondents
| Citation | 1981 PLP 260 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Saleem Akhtar and Zaffar Hussain Mirza, JJ |
| Parties | JUMMA KHAN‑Petitioner Versus MEHAR ALI AND 3 OTHERS‑Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 260 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 260 (CLC)?
The case was heard and decided by the Karachi bench comprising: Saleem Akhtar and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 260 (CLC) (JUMMA KHAN‑Petitioner Versus MEHAR ALI AND 3 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Gulab Muhammad Rang for Appellant.
- Syed Nasiruddin for Respondents.
- Date of hearing : 11th December, 1980.
Headnotes / Summary
(a) Sind Local Government Ordinance (XII of 1979)‑ S. 21(2)‑Election disqualification‑Disqualification mentioned in S. 21(2)‑Held : Does not relate to pre‑election disqualifications having ceased to exist but refers to post election disqualifications. Province of West Pakistan v. Lt.‑Col. Farzad Ali P L D 1970 ; C 98 Rehimuddin (v. Bashir Ahmad and others P L D 1968 Lah. 705 and T Salvasangaraju v. Doraiswamy Mudaliar A I R 1929 Mad. 727 ref. (b) Sind Local Government Ordinance (XII of 1979)‑ S. 37(2) (e)‑Disqualification mentioned in S. 37(2) (e)‑Held, relates to time when action taken against member and speaks of present existence of disqualification and not to past disqualifications no longer existing. (c) Sind Local Government Ordinance (XII of 1979)‑ 5. 21(2)‑‑Election‑Removal from office‑Ordinance assigns a definite meaning to word `removal' by providing preconditions for removal, and by prescribing a procedure and authority to pass such order‑Order passed by Election Tribunal setting aside election, held, does not amount to removal but as a consequence of such order member, held further, ceases to continue as such. Hidayatullah and others v. Emperor A I R 1933 Sind 161 and A I R 1955 Mys. 113 ref. (d) Sind Local Government Ordinance (XII of 1979)‑ ‑‑ Ss. 37(2) & 21(2)‑Penalty‑Section 21(2) contemplates penal action by Government against members covered by S. 37(2) thereby entailing' penalty of being removed by Government from membership‑‑In absence of clear words imposing penalty on a member for his pre- election disqualification no longer continuing, no order for removal, held, can be ‑passed strictly in accordance with provisions of S. 21(2) and for removal under S. 21(2) a complete procedure prescribed and to be followed before passing such order. (e) Interpretation of statutes _ ‑‑ Validity of order‑A specific procedure provided for exercising jurisdiction for imposing penalty under statute‑Such provisions considered mandatory and compliance with such provisions essential to validity of order or proceedings.
Judgment & Decree
S. 37(2) (e)‑Disqualification mentioned in S. 37(2) (e)‑Held, relates to time when action taken against member and speaks of present existence of disqualification and not to past disqualifications no longer existing. (c) Sind Local Government Ordinance (XII of 1979)‑ 5. 21(2)‑‑Election‑Removal from office‑Ordinance assigns a definite meaning to word `removal' by providing preconditions for removal, and by prescribing a procedure and authority to pass such order‑Order passed by Election Tribunal setting aside election, held, does not amount to removal but as a consequence of such order member, held further, ceases to continue as such. Hidayatullah and others v. Emperor A I R 1933 Sind 161 and A I R 1955 Mys. 113 ref. (d) Sind Local Government Ordinance (XII of 1979)‑ ‑‑ Ss. 37(2) & 21(2)‑Penalty‑Section 21(2) contemplates penal action by Government against members covered by S. 37(2) thereby entailing' penalty of being removed by Government from membership‑‑In absence of clear words imposing penalty on a member for his pre- election disqualification no longer continuing, no order for removal, held, can be ‑passed strictly in accordance with provisions of S. 21(2) and for removal under S. 21(2) a complete procedure prescribed and to be followed before passing such order. (e) Interpretation of statutes _ ‑‑ Validity of order‑A specific procedure provided for exercising jurisdiction for imposing penalty under statute‑Such provisions considered mandatory and compliance with such provisions essential to validity of order or proceedings. Gulab Muhammad Rang for Appellant. Syed Nasiruddin for Respondents. Date of hearing : 11th December, 1980.