Law: Sindh Local Government Act, ( XLII of 2013)

Section: 36(1)(i)(j),36(2)(b)

Law: Elections Act, 2017

Section: 9

Law: Constitution of Pakistan, 1973

Section: 63(1)(i),218(3)

(a) Sindh Local Government Act (XLII of 2013)---- ----S. 36(1)(i)---Disqualification----Town Committee---Election---Pecuniary interest---Candidate being Government contractor had pecuniary interest in affairs of Town Committee where he remained Member/Chairman---Candidate assailed the order of Election Commission wherein he was disqualified from holding office of Chairman/Member of Town Committee----Held, not only could the disqualification be predicated in respect of work to be done or goods to be supplied to a Council but such disqualification was also attracted if a person had otherwise any direct pecuniary interest in the affairs of the said Council-----Section 36(1)(i) of the Sindh Local Government Act, 2013 contained two disjunctive segments and the candidate had been unable to demonstrate before the Election Commission that he had no pecuniary interest in the affairs of the Committee where he remained Member/Chairman---Constitutional petition dismissed. (b) Sindh Local Government Act (XLII of 2013)---- ----S. 36(2)(b)----Jurisdiction and power of Election Commission of Pakistan to unseat a Member or Holder of elective office---Scope---Section 36 of Sindh Local Government Act, 2013 expressly provided that the person shall be disqualified from being elected or chosen and/or from being a member of the Council if the disqualifications prescribed in the said provision were attracted---Phrase "being a member" signified that a person who was subsisting as a member could be disqualified by the Election Commission under the provisions of S.36(2)(b) of the said Act. Abdul Latif v. Election Commission of Pakistan and another 2018 CLC 227 and Abdul Latif v. Election Commission of Pakistan and another in C.P. No.4355 of 2017 ref. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.---- The petitioner, having been elected as Member and subsequently Chairman of Town Committee under the Sindh Local Government Act, 2013 ("Act"), has assailed the order dated 16.01.2018 ("Impugned Oder"), issued by the Election Commission of Pakistan ("ECP") in the Case No.27(30)/2017-Law, wherein the petitioner was disqualified from holding office. The content of the Impugned Order is reproduced…

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