Law: Punjab Local Government Act, 2013

Section: 27,27(2)(e)

(a) Punjab Local Government Act (XVIII of 2013)------S. 27---Qualifications and disqualifications for candidates and elected members---Interpretation---Qualifications and disqualifications imposed by law for a candidate to contest the election and even to hold office should be construed and applied strictly, and a person could only be debarred from contesting elections or holding an office if the case fell squarely within the strict scope of the qualifications and disqualifications stipulated by law.(b) Punjab Local Government Act (XVIII of 2013)------S. 27(2)(e)---Zakat and Ushr Ordinance (XVIII of 1980), Ss. 18, 21, 21-A & 23---Local bodies election---Member and Chairman of Local Zakat and Ushr Committee---Persons not in service of a statutory body---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 Member and Chairman of the Local Zakat and Ushr Committee---Such prohibition against participation in political activities was only relatable to the period whilst a person held post of Chairman or Member , but once he resigned, such bar disappeared.---Zulikha Bibi v. Election Commission of Pakistan through Secretary and another 2015 YLR 1584; Muhammad Khan v. Amanullah and 2 others (PLD 2014 Bal. 128) set-aside.According to section 27(2)(e) of Punjab Local Government Act, 2013, a person would not be qualified (or would be disqualified) to contest such election if he was in the service of a statutory body etc. and a period of not less than two years had elapsed since his resignation or retirement. Petitioners, who were Member and a Chairman of the Local Zakat and Ushr Committee, resigned from their posts and (immediately) filed their nomination papers to contest elections for local bodies---Nomination papers of petitioners were rejected on the basis that they were in the service of the Zakat and Ushr department, and thus were disqualified from contesting the local bodies elections as per the bar contained in section 27(2)(e) of the Punjab Local Government Act, 2013.Zakat and Ushr department was a statutory body, however…