Law: Punjab Local Government Act, 2013

Section: 27(2)(e)

Law: Pakistan Penal Code, 1860

Section: 21

Law: Constitution of Pakistan, 1973

Section: 199

Law: Muslim Family Laws Ordinance, 1961

Section: 5

Punjab Local Government Act (XVIII of 2013)---- ----S.27(2)(e)----Muslim Family Laws Ordinance (VIII of 1961), S. 5---Penal Code (XLV of 1860), S. 21---Constitution of Pakistan, Art.199---Constitutional petition---Qualifications and disqualifications for candidates and elected members----Public servant---Scope---'Nikkah Registrar' falls within definition of 'public servant'---Nikkah Registrar' duly appointed under Muslim Family Laws Ordinance, 1961 was `public servant' in terms of S. 21 of Penal Code, 1860, and as such was disqualified under S. 27 (2) (e), Punjab Local Government Act, 2013 to contest local bodies election against any seat---'Nikkah Registrar' was, therefore, not qualified to contest election for the seat of Chairman Union council---High Court, setting aside impugned orders, rejected nomination papers of Nikkah Registrar---Constitutional petition was allowed in circumstances. Muhammad Arif v. Muhammad Kashwar Ali PLD 1969 SC 435 and Mst. Zubaida Bibi and others v. Mst. Majidan and another 1994 SCMR 478 rel. JUDGMENT ALI AKBAR QURESHI, J.---The controversy of the instant case revolves around the question as to whether the Nikah Registrar appointed under the Muslim Family Ordinance VIII of 1961 is a public servant within the meaning of Section 21 of Pakistan Penal Code. The relevant law applicable on instant case is the Muslim Family Laws Ordinance, 1961, and the Nikah Registrar is to be appointed under Section 5 of the Ordinance ibid, which reads as under: "5 (1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance. (2) For the purpose of registration of marriages under this Ordinance, the Union Council shall grant licences to one or more persons, to be called Nikah Registrars, but in no case shall more than one Nikah Registrar be licensed for any one ward. (3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration under this Ordinance, be reported to him by the person who has solemnized such marriage." 2. This question was firstly dealt with by the Hon'ble Supreme Court of Pakistan in a landmark judgment cited as Muhammad Arif v. Muhammad Kashwar…

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