Law:

Section:

(a) Punjab Local Government Ordinance (XIII of 2001)-------- ----S. 152(1)(g)---Constitution of Pakistan (1973), Art. 199--- Constitutional jurisdiction---Disqualification from elections, legality of---Nomination papers filed by the petitioner for the office of the Nazim were objected to by the respondent before the Returning Officer on the ground that the petitioner was not qualified to participate in the elections as he was an employee of a governmental authority---Returning Officer overruled the objection and accepted the nomination papers---Appeal before the District Returning Officer succeeded and the nomination papers of the petitioner were rejected---Constitutional petition was filed by the petitioner against the decision of the District Returning Officer---Validity---Disqualification of the petitioner in terms of S. 152(1)(g) of the Punjab Local Government Ordinance, 2001 would have ousted him had he been in service of any statutory body or a body controlled by any Government Federal/Provincial or in which any of such Government had a controlling share of interest except the holders of elected public office and part time officials remunerated either by salary or fee but disqualification would not apply to the person who had resigned or retired from such service six months earlier to the election---Petitioner, in the present case, was appointed on work charge basis on a contract without entitlement to any kind of allowance or other vested rights of service and was not a regular employee, moreover, the work charge employment of the petitioner was never confirmed----Petitioner, in circumstances, was not disqualified to contest the election. (b) Punjab Local Government Election Rules, 2005--- ----R. 76---Punjab Local Government Ordinance (XIII of 2001), S.152(1)(g)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Pre-election , disqualification petition---Procedure---Disqualification from elections, legality of---Determination of disqualification---Determination of disqualification of the petitioner required holding of a detailed trial and recording of evidence but such exercise was not permissible under Constitutional…

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