Case Details

Citation(s)
1980 SLD 3000 = 1980 CLC 1
Lahore High Court
Writ Petition No. 5019 of 1979; decided on 1st October, 1979.
Presented By:  Aamer Raza A. Khan, J

MUHAMMAD KHAN --Appellant

VERSUS

MUHAMMAD SARFARAZ KHAN -Ex.-- Respondents

Law: Punjab Local Government Ordinance, 1979

Section: 4, 21, 20

(a) Interpretation of statutes-  Legislation by reference-- Laws can, with reference to period of operation, be classified as laws enacted for a specific purpose exhausting themselves when purpose achieved; laws for a temporary period; and lastly laws continuing in force till repealed by Legislature-No distinction made for purposes of legislation by reference between such three categories of laws-Bringing to a subsequent law, by process of reference, provisions of any of such three categories of earlier laws- Held, permissible and once such done, earlier law becomes integral part of subsequent law. Ghulam Mustafa Khar v. Election Commissioner P L D 1977 Lah. 1437 and In re: Woods Estate (1886) 31 Cl. B 607 ref. (b) Punjab Local Government Ordinance (VI of 1979)  S. 21 read with S. 4-Disqualification-Conflict in law-- Disqualifica tion contained in S. 21 expressly conflicting with that contained in any other law made applicable by virtue of cl. (f) of S. 21-Disqualification contained in Ordinance V 1 of 1979 to prevail by virtue of S. 4 Conflict noted between S. 21, cls. (d) & (g) of Ordinance V1 of 1959 and cls. (1) & (2) of Art. 10 (b) (2) of Houses of Parliament and Provincial Assemblies (Election) (President's Order No. 5 of 1977) Section 21, cls. (d), (g) of Ordinance to prevail-Houses of Parliament and Provincial Assembles (Election) (President's Order No. 5.of 1977), Art. l0lb)(2), cls. (1) & (2). (c) Punjab Local Government Ordinance (VI of 1979)  S. 21 (f) read with S. 20-Disqualification-Section 21, subject to its provisions, incorporate all disqualifications attached to a person seeking to be a member of Parliament or Provincial Assembly under any law for time being in force- Clause (f) of S. 21 read with S. 20, held, implies attachment of disqualification to a person for being a candidate or a member of a local council in case of his being on last date of filing of nomination papers disqualified for membership of Parliament or Provincial Assembly under any other law for time being in force. Begum Nusrat Bhuttos case P L D 1977 S C 657 rel. (d) Punjab Local Government ordinance (VI of 1979) S. 21 (f)--Word…
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