| Citation(s) |
|---|
| 2017 SLG 984 2017 SLD 984 2017 PLJ 100 |
Supreme Court of Pakistan
Civil Petition No. 3499 of 2016, decided on 16.11.2016. Date of hearing: 15.11.2016 (On appeal against the order Dated 25.10.2016 passed by the Lahore High Court, Multan Bench in Writ Petition No. 15172/2016)
EJAZ AFZAL KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, FAISAL ARAB, JUSTICE
Mr. Dil Muhammad Khan Alizai, ASC and Mr. Mehmood A. Sheikh, AOR (Absent) for Petitioner. N.R. for
Respondents.
Civil Petition No. 3499 of 2016, decided on 16.11.2016. Date of hearing: 15.11.2016 (On appeal against the order Dated 25.10.2016 passed by the Lahore High Court, Multan Bench in Writ Petition No. 15172/2016)
EJAZ AFZAL KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, FAISAL ARAB, JUSTICE
Mr. Dil Muhammad Khan Alizai, ASC and Mr. Mehmood A. Sheikh, AOR (Absent) for Petitioner. N.R. for
Respondents.
MALIK ABID HUSSAIN - ER
VS
RETURNING OFFICER, WARDS 1 TO 47 MUNICIPAL COMMITTEE ETC. --RespondentS
Law:
Section:
Punjab Local Government Act, 2013 (XVIII of 2013)-- ----S. 2(mmm)-Worker--Candidate on reserved seat of worker--Nomination papers were rejected--LPG dealership--Status--Not a worker as holds dealership--Validity--Only such person, who is directly engaged in physical work and for his subsistence rely on physical labour or falls within definition of 'worker' as contained in Punjab Industrial Relations Act, 2010 qualifies to contest election on reserved seat of 'worker' and not a person who is a businessman or a trader--Being in business of LPG, petitioner also did not deny that he held position of President of LPG union that comprises of LPG traders, he therefore cannot arrogate to himself status of a worker as defined in Punjab Local Government Act, 2013--Petition was dismissed. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, JUSTICE:---.--- The petitioner was one of the candidates on the reserved seat of 'Worker' of the Municipal Committee, Muzaffargarh. Respondent No. 2, who was also a candidate for the said seat, sought rejection of petitioner's nomination papers on the ground that the petitioner is not a worker as he holds LPG dealership and operates his business from a business concern established in the name of 'Malik Electro Gas Centre, Multan Road, Muzzaffargarh; that being a businessman, he is a tax payer having 0114289-5 as his National Tax Number and has also been elected as President of the LPG Union, Muzzaffargarh. Respondent No. 2's plea for rejection of petitioner's nomination papers however did not find favour with the Returning Officer, who accepted latter's nomination. 2. The acceptance of petitioner's nomination was challenged by Respondent No. 2 in Election Appeal No. 08/2016 before the Additional District Sessions Judge, Muzaffargarh who was the Appellate Authority for the Local Bodies Elections, 2016. After taking into consideration contents of the letter written by DCO Muzzaffargarh to the Secretary Industries, Government of Punjab, wherein the petitioner was shown as one of the distributors of LPG in the District of Muzaffargarh and the contents of the daily report of District Office (Civil Defence) regarding LPG prices issued by the District…
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