Case Details

Citation(s)
2015 SLG 120 2015 SLD 120 2015 PLD 28
Lahore High Court
Writ Petition No. 22327 of 2013, heard on 4th December, 2013
UMAR ATA BANDIAL, C, J
Rizwan Zaka Gill for Petitioner. Shahid Mubeen, Addl. A.G. Muhammad Fahad, Advocate/Law Officer, LG&CD Department.

RIZWAN ZAKA GILL

VS

GOVERNMENT OF PUNJAB

Law: Punjab Local Government Act, 2013

Section: 27

Law: Constitution of Pakistan, 1973

Section: 62(f),140A,199

(a) Punjab Local Government Act (XVIII of 2013)------- -----S. 27---Constitution of Pakistan, Arts. 62(f), 140A & 199- Constitutional petition-Qualifications/disqualifications for a candidate to contest Local Government elections--- Qualifications/ disqualifications for a candidate to contest election as a member of Parliament or Provincial Assembly---Difference between such qualifications/ disqualifications---Difference in functions and responsibilities performed by Local Governments and Federal and Provincial Assemblies---Plea of petitioner that S.27 of Punjab Local Government Act, 2013 did not include all the disqualifications that were specified in Art. 62 of the Constitution for a candidate to contest election as a member of Parliament or Provincial Assembly-Validity--- Local Governments lacked legislative power in comparison to members of the Provincial and Federal legislatures---Local Governments discharged different functions and responsibilities compared to Provincial and Federal legislatures---Qualifications for election to legislative assemblies under the Constitution may have a wider scope on account of the higher responsibilities of such institutions, therefore, there was no legal necessity that Local Government elections should require all qualifications mandated for a candidate for the Provincial and Federal legislatures---Constitutional petition was dismissed accordingly (b) Constitution of Pakistan--- ---Art. 140A---Local Government---Lacking legislative power---Local Governments lacked legislative power in comparison to members of the Provincial and Federal legislatures. (c) Public office--- ----Public official---Good character---Fundamental norm---Good character qualities were a fundamental norm for any holder of public office. (d) Punjab Local Government Act (XVIII of 2013)--- ----S. 27(2)(i)---Constitution of Pakistan, Arts. 62(f) & 140A--- Disqualifications for a candidate to contest Local Government elections-Disqualifications for a candidate to contest election as a member of Parliament or Provincial Assembly---Moral turpitude and misuse of authority--- Integrity and good character---Similarity between---Disqualifying conditions…
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