1985 PLP 2965 (CLC)

MANZOOR HUSSAIN SIAL, J.-- Ch. Ehsan Nabi an elected member of Union Council, Mehta Suja, Tehsil Ferozewala, District Sheikhpura by means of this Constitutional petition in the nature of qua warranto has challenged the authority of Altai All respondent to hold 'peasant' seat of Union Council, Mehta Suja, on' the ground that he was owner of more than five Acres of land preceding the year of election and disqualified to contest election and remain in office. The petitioner placed on the record copies of registered documents executed by the respondent on 29-10-1983 alienating 70 Kanals of land in village Mari Kalan and 53 Kanals 18 Marlas of land in village Mari Khurd, Tehsil Ferozewala, District Sheikhupura. He also relied on copy of Jamabandi for the year 1979-80 of village Mari Kalan, and copy of Jamabandi for the year 1977-78 of village Mari Khurd, Tehsil Ferozewala to show that the respondent owned 156 Kanals 13 Marlas of land in the aforesaid villages.

2. Respondent No. 2 contested this petition but did not specifically controvert the assertaion of the petitioner that he had alienated 123 Kanals 18 Marlas of agricultural land few days prior to the election.

3. Neither respondent No. 2 nor any one on his behalf has appeared today to oppose this petition.

4. We have heard learned counsel for the petitioner and have perused the documents on the file.

5. The word 'peasant' has been defined in section 3(xxvii) of the Punjab Local Government Ordinance, 1979 to read:- "Peasant means a person who is a landless tenant or who during the period of five years preceding the year in which the election is held, has been the owner of not more than five Acres of land and engages himself personally in cultivation for his maintenance." The documents on the file of this case establish that the petitioner was owner of more than five Acres of agricultural land preceding the year of election, as such he was not qualified to contest election for special interest seat of 'peasant'. The disqualification being continuous he could not hold office of a peasant member even after his election and has no right to act as elected member.

6. The upshot of the above discussion is that this petition is allowed and it is held that Ch. Altaf All was disqualified to contest the election of 'peasant' Seat of Union Council, Mehta Suja, Tehsil Ferozewala and has no right to continue in office or act as elected member.

7. There shall be no order as to costs. H.B.T.????????????????????????????????????????????????????????????????????????????????????????????????? Petition allowed.