Law: Punjab Local Government Act, 2013

Section: 27(2)(e)

Law: Pakistan Bait-Ul-Mal Act, 1992

Section: 2(c),5(2)(iii),6,7(2),21

(a) Punjab Local Government Act (XVIII of 2013)--- ----S. 27(2)(e)---Pakistan Bait-ul-Mal Act (1 of 1992), Ss.2(c), 5(2)(iii), 6, 7(2) & 21---Local bodies election---Chairman or Member of District Bait-ul-Mal being non-official Members performing voluntary service, could not be termed as persons in the service of a statutory body---Chairman or Member of District Bait-ul-Mal were, therefore, were not barred under S. 27(2)(e) of Punjab Local Government Act, 2013 from contesting elections for local bodies---Two year post-resignation/ retirement bar from contesting elections did not apply to Chairman or Member of District Bait-ul-Mal. Post of the Chairman or any Member of the District Board (Bait-ul-Mal) was entirely formal in nature and it had no independent role to play; to confer any benefit on any person by dis-regarding the policy guidelines given by the Provincial Board. Section 7(2) of the Bait-ul-Mal Act, 1992 clearly provided that non-official member shall not draw any salary, but shall be entitled to such facilities and privileges as may be prescribed from time to time. Petitioners, in the present case, could not establish that the Chairman of District Bait-ul-Mal was paid remuneration or any type of emoluments in cash thus, it appears that except some privileges or facilities which were provided at office, nothing was paid in cash either as remuneration or "honorarium". Hence, in the absence of clear proof, which was not provided to the court in the present case, it could not be presumed that the Chairman, District Bait-ul-Mal was getting pecuniary benefits from the Government or/and from the fund/revenue generated by the Bait-ul-Mal at the Federal level, the Provincial level or the District level. Post of the Chairman or any Member of the Board (Bait-ul-Mal) was a voluntary service, rendered by the social workers, possessing high integrity and spotless career because the word, "Ameen" had been clearly mentioned with the word Chairman. True, that the Chairman, the Members and the servants of the Board (Bait-ul-Mal) while acting in pursuance of any provision of the Bait-ul-Mal Act, 1992, shall be deemed to be public servants within the meaning of…

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