1986 PLP 2847 (CLC)
GHULAM ABBAS and others — Petitioners Versus IMTIAZ MASRUR (DC) and others — Respondents
| Citation | 1986 PLP 2847 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Manzoor Hussain Sial and Khizar Hayat, JJ |
| Parties | GHULAM ABBAS and others — Petitioners Versus IMTIAZ MASRUR (DC) and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 2847 (CLC)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 2847 (CLC)?
The case was heard and decided by the Lahore bench comprising: Manzoor Hussain Sial and Khizar Hayat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 2847 (CLC) (GHULAM ABBAS and others — Petitioners Versus IMTIAZ MASRUR (DC) and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Shams-ud-Din Mahmood for Petitioners.
- Nemo for Respondents.
- Date of hearing: 28th November, 1982.
Headnotes / Summary
Art.199--Punjab Local Government Ordinance (VI of 1979), S.21(2)(f) [as added by Punjab Local Government (Amendment) Ordinance (IV of 1981) ]--Person suffering from disqualification at time of election to local counsel-- effect of amendment--In view of amendment introduced by Ordinance IV of 1981, disqualification to be members of Union Council having been removed, impugned order passed by Authority disqualifying such member, held, would be of no legal effect--Person removed from membership of on Council because of disqualification was thus declared to be member of such Union Council.
Judgment & Decree
(b) ............................................................... (c) ............................................................... (e) ............................................................... (f) if he for the time being is disqualified for membership of the Parliament or a Provincial Assembly under any law for the time being in force: Provided that this disqulification shall not be applicable to-- (1) a person who has, whether by himself or by any person in trust for him or for his benefit or on his account, any share or interest in-- (a) a contract for the supply of goods to, or the execution of any work of the Federal Government or a Provincial Government or an autonomous body in which such a Government has a controlling share or interest or a local authority other than the one in which that person is a candidate for election; (b) the performance of any service undertaken by any, such Government, autonomous body or local authority; and (2) ............................................................... (g) ............................................................... (h) ............................................................... (2) Any person who immediately before the commencement of the Punjab Local Government (Amendment) Ordinance, 1981, was suffering from a disqualification which has been removed by virtue of the proviso to clause (f) of subsection (1), or who has been removed from such membership by any authority or tribunal constituted under any provision of the Ordinance or by any decree, judgment or order of any Court on the grounds of the said disqualification shall, notwithstanding any other provision to the contrary in this Ordinance, be eligible to be a candidate or a member of a local council". The disqualification of petitioners' being depot-holders, notwithstanding the impugned order stood removed. ,,'In view of the aforesaid amendment in the relevant law, the impugned order passed by the respondent No. 1 holding the petitioners disqualified to be members of the union council is declared to be of no legal effect and is quashed.
6. In the result this petition is allowed and it is declared that 'the petitioners are members of the Local Council, Basti Shadoo Khan, Tehsil Leiah, District Muzaffargarh.
7. As none has come to oppose this petition, there shall be no order as to costs. A.A. Petition allowed.