Law:

Section:

  West Pakistan Land Revenue Rules, 1968--- ---- R.19 (2) --- Appointment of Lambardar --- Rule of primogeniture--applicability to a female aspirant for the office of Lambardar --- Applicability of R.19 (2), West Pakistan Land Revenue Rules, 1968, was not confined to .'Only those cases where a male was appointed as an heir of deceased Lambardar but the principle of primogeniture was applicable to cases of females also-Petitioner although a female was entitled to be appointed as Lambardar, being the nearest heir of the deceased Lambardar. Mushtaq Hussain v. Mst. Naseem Akhtar etc. PLD 1982 SC 271; Ilahi Baklish v. Member (Revenue), Board of Revenue 1988 CLC 161 and Ch. Saghir Ali v. Member, Board of Revenue and others 1993 CLC 858 rel. West Pakistan Land Revenue Rules, 1968... ---- R.19(2)(d) --- Constitution of Pakistan (1973), Art .25 --- Validity of R.19(2)(d), West Pakistan Land Revenue Rules, 1968, on the touchstone of Art .25(2) of the Constitution --- Provision of R.19(c), West Pakistan Land Revenue Rules, 1968, provides that ordinarily no female should be appointed as a Lambardar- --Article 15 of the Constitution provides in clear, categorical and unambiguous terms that all are equal, there would be no discrimination on the basis of sex alone and that State would make laws for the protection of women --- Provision of R.19(2)(d), West Pakistan Land Revenue Rules, requiring that ordinarily no female should be appointed Lambardar, was clearly against the command of Art .25(2) of the Constitution for the only ground for non-appointment of a female as a Lambardar was her sex --- In addition, post of Lambardar was no more ceremonial in nature for in addition to the commission which was payable to a Lambardar on various Government dues collected by him, grant of 100 Kanals of land was also attached to that post----------------------------------------------------------------------- Refusal to appoint a female as Lambardar merely on account of her sex would amount to depriving her of that property---- Provision of R.19(2)(d), West Pakistan Land Revenue Rules, 1968, was thus, ultra vires of the Constitution and, therefore, of no legal…