Case Details

Citation(s)
1962 SLG = 1962 SLD 2610 = 1962 PLD 47
West Pakistan
Revision No. 379 of 196061, decided on 16th November 1961, District Multan
Presented By: Nasir Ahmed Member Board of Revenue

CHIRAGH DIN-Petitioner  

VERSUS

  GHULAM SARWAR-Respondent  

Law:

Section:

  Lambardar-Appointment-Criminal proceedings under Ss. 419, 468/109, P. P. C. pending against candidate appointed by Collector-Appointee subsequently convicted-Objection taken in Revision by rival candidate-Upheld-Not necessary to institute dismissal proceedings against appointee under r. 16, Punjab Land Revenue Rules-Appeal and Revision continuation of original proceedings-Conviction involving moral turpitude-Conviction of rival candidate under S. 452/147 P. P. C. also a disqualification-Case remanded for inviting fresh applications.   Lambardar - Appointment - Non-Muslim vacancy -Muhajir community and locals in almost equal numbers-Other Lambardari with local-Appointment of another local not approved-" Community " not synonymous with " tribe ".   This case relates to the Lambardari of Chak No. 139/10-R, District Multan. The vacancy bad occurred after the migration of non-Muslims to India. The Commissioner preferred Ghulam Sarwar respondent for the reason that the rival contestant Chiragh Din petitioner had been convicted under section 452/147 P. P. C. and fined Rs. 60. The High Court had upheld the conviction though the fine had been reduced to Rs. 40. The learned Commissioner maintained the appointment of Ghulam Sarwar and Chiragh Din has come up in revision.   Three points have been taken up before me. Firstly, that the respondent Ghulam Sarwar himself has recently been con Acted for a more serious offence under section 419/468 read with section 109, P. P. C. to a total fine of Rs. 5,000 on 16th Septem ber. This criminal case admittedly had been initiated more than two years ago i.e., while the proceedings for the appointment of a Lambardar, were in progress. Secondly, that it would be incorrect to hold, as the learned Commissioner has done, that the word " community " is synonymous with the word " tribe ". It would be more appropriate if the Muhajirs and the locals are held to be…
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