P L D 2015 Lahore 28 (PLP)

UMAR ATA BANDIAL, C J.

The main premise of this petition is that section 27 of the Punjab Local Government Act, 2013 ("Act") does not include all the disqualifications specified in Article 62 of the Constitution for a candidate to contest election as a member of Parliament or the Provincial Assemblies. In particular he refers to Article 62(f) of the Constitution which is lacking in the impugned legislation. The said qualification is as follows:-- "he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law"

2. Section 27(2)(i) of the Act disqualifies a person who has been convicted of offence involving moral turpitude or misuse of power or authority under any law unless a period of five years has elapsed since his release.

3. Article 140-A of the Constitution directs the establishment of local governments through elections by the Election Commission of Pakistan. The Act modifies earlier law to implement the said constitutional mandate. Local governments lack legislative power. In comparison to members of the Provincial and Federal legislatures, these governments discharge different functions and responsibilities. Accordingly, the proposition advanced by the petitioner that precisely the same qualifications should attach to candidates for local government offices as are applicable to candidates for Parliament and the Provincial Assemblies suffers from generalization, lack of nexus and classification. The qualifications for election to the legislative assemblies under the Constitution may have wider scope on account of the higher responsibilities of such institutions. Local governments may therefore be classified differently. For that reason, there is no legal necessity that local government elections should require all qualifications mandated for a candidate for the Provincial and the Federal legislatures.

4. Nevertheless good character qualities are a fundamental norm for any holder of public office. Section 27(2)(i) of the Act provides as follows:-- "S.27. Qualifications and disqualifications for candidates and elected members.-- (1) .. (2) A person shall be disqualified from being elected or chosen as, and from being, an elected member of a local government, if he- (a) .. (b) .. (c) .. (d) ... .. (e) .. (f) .. (g) .. (h) .. (i) has been convicted by a court of competent jurisdiction for a term not less than two years for an offence involving moral turpitude or misuse of power or authority under any law unless a period of five years has elapsed since his release. (j) .. (k) .. The disqualifying conditions, namely, conviction of offences involving moral turpitude and misuse of authority have wide import. These largely encompass the conditions of integrity and good character that are present in Article 62(f) of the Constitution.

5. Learned counsel for the petitioner has referred to a number of cases wherein Article 62(f) of the Constitution has been applied by the Hon'ble Supreme Court. These are cases in which dishonesty stood proven on record because the graduate qualification claimed by the incumbent legislator was forged and fraudulent. Therefore, the Hon'ble Supreme Court applied the principle of Article 62(f) of the Constitution on the ground of false and dishonest declaration. These cases include Constitution Petition No.669-L of 2013 titled Malik Umar Aslam v. Mrs. Sumaira Malik etc.

6. In the case of local governments, there is no qualification regarding educational achievement. Accordingly, the line of cases relied by learned counsel would not be directly relevant in the present case. Be that as it may, for any other allegation of dishonesty or corruption a fair standard is laid down in S. 27(2)(i) of the Act that there should he a determination by a competent court of law before actually disenfranchising or excluding a candidate from exercising his right to contest an election to a local government office. The same principle is also enshrined in Article 62(f) of the Constitution reproduced above. In this respect there is parity and harmony between the qualifications prescribed for eligibility to contest local government elections and parliamentary elections.

7. With the foregoing observations, this petition is dismissed. MWA/R-12/L Petition dismissed.