Law: Punjab Local Government Act, 2013

Section: 2(nnn),27(1)(b),33(2)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Local Government Act (XVIII of 2013)--- ----Ss. 2(nnn), 27(1)(b) & 33(2)---Member District Council---Seat reserved for youth---Allegation of fraud in changing date of birth---Non-holding of enquiry before disqualification---Effect---Election Commission disqualified the petitioner as Member District Council on the ground that he was more than twenty five years of age on the last date fixed for the filing of nomination forms, and was, therefore, not qualified to be elected against the seat reserved for youth---Contention of petitioner was that according to his revised Computerized National Identity Card (CNIC) he was aged 24 years, 9 months and 14 days on the date of filing of the nomination papers, therefore, was eligible to contest the elections against the seat reserved for youth---Validity---Joint reading of S. 2(nnn) and 27(1)(b) of the Punjab Local Government Act, 2013 showed that a candidate for election against the seat reserved for youth must be more than twenty one years and less than twenty five years of age on the last day fixed for filing the nomination papers---Respondent was seeking the petitioner's removal from an elected office as well as his disqualification, therefore, it was obligatory upon the Election Commission to have strictly followed the procedure for a member's removal prescribed in S. 33 of the Punjab Local Government Act, 2013 ('the Act')---Admittedly the Election Commission did not order for an enquiry in the matter of petitioner---Furthermore, the Election Commission did not appoint any enquiry officer for the purpose of an enquiry, thus, there had been non-compliance with the requirement of S. 33(2) of the Act---Petitioner was alleged to have "fraudulently" procured a change of his date of birth on his CNIC so as to enable him to be qualified to contest the election---In such circumstances the standard of proof required in the petition filed by respondent was that of a criminal trial, therefore, penal measure of disqualification could not have been imposed on the petitioner without passing an order for an enquiry by an enquiry officer---Impugned order of disqualification of petitioner was a consequence of a…

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