| Citation(s) |
|---|
| 2015 SLG 1155 2015 SLD 1155 2015 PLJ 654 |
Lahore High Court
Writ Petition No. 10048 of 2014, heard on 03.09.2014.
SHEZADA MAZHAR, JUSTICE
Haji Muhammad Tariq Aziz Khokhar, Advocate for Petitioners. Rana Muhammad Hussain, AAG for
Respondents No. 1 to 4 with Muhammad Ayub Khan Tajar, District Chairman,Zakat and Ushr Committee, and Sana-ur-Rehman, District
Writ Petition No. 10048 of 2014, heard on 03.09.2014.
SHEZADA MAZHAR, JUSTICE
Haji Muhammad Tariq Aziz Khokhar, Advocate for Petitioners. Rana Muhammad Hussain, AAG for
Respondents No. 1 to 4 with Muhammad Ayub Khan Tajar, District Chairman,Zakat and Ushr Committee, and Sana-ur-Rehman, District
HAQ NAWAZ AND 2 OTHERS
VS
SECRETARY ZAKAT AND USHR COMMITTEE, PUNJAB, LAHORE AND 33 OTHERS
Law:
Section:
Punjab Zakat and Ushr Act, 2012-- ----S. 15(10)--Local and Tehsil/Sub-divisional Zakat and Ushr Committees (Constitution) Rules, 1993, R. 4(2)--Constitution ofPakistan, 1973, Art. 199--Constitutional petition--Election of local zakat committee--Issuance of notification of successful members of local zakat committee--Allegations regarding conduct of elections--Signatures of election team on L.C.II Form--Decision made by D.Z.C. was appealable order--Maintainability of petition--Admittedly Form LC-II is not singed by all member of team, therefore, as per Rule 14 of Rules result of election/selection cannot be notified by District Committee as notification can only be issued on receipt of report by team to District Committee--Election has already been declared bogus by D.Z.C., decision of has not been challenged by petitioner before High Court or before any other competent Court/forum, therefore, same has attained finality. THIS JUDGMENT DELIVERED BY: SHEZADA MAZHAR, JUSTICE---.--- Through the present writ petition, petitioner has sought direction of this Court to Respondent No. 4 for issuance of notification of local Zakat Committee i.e. Fazilpur Sharqi, Fazilpur Gharbi and Fazilpur Sharqi Shumali, as per announced result of Election (Form LC-II) dated 28.06.2014. 2. Learned counsel for the petitioner submits that Respondent No. 4 issued notification for election of local ZakatCommittee in the District Rajanpur and appointed Respondent Nos. 5 to 7 as convener and members of the team for conducting the elections. Submits that after conducting elections of the local Zakat Committees, Respondents No. 5 to 7 submitted results for issuance of notification of successful/selected members of the local Zakat Committees, however, Respondent No. 4 issued Notifications for all the local Zakat and Ushr Committees except the three above mentioned committees. Learned counsel submits that Respondent No. 5, after conducting election, not only announced the results but also issued Form LC-II mentioning the elected chairman and members of local Zakat Committees. However, Respondent No. 4 issued notification of only seven local Zakat Committees and did not issue notification of above…
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