Law: Cantonments Act (II of 1924)

Section: 2 (xxvii-a)

Cantonments Act (II of 1924) S. 2 (xxvii-a) [as amended by Cantonments (Second Amendment) -Ordinance (XLVI of 1979)] & S. 15-B-Peasant, definition of-To be a peasant-.Not necessary to own any land within cantonment area, nor cultivation, of his own land necessary-Necessary require ments of section 15-B : Engaging personally in cultivation and not owning more than 5 acres of land anywhere and appearing of name for election on electoral roll of ward for which seeking election. [Election-Words and phrases]. To be a peasant it is not necessary to own any land within the Cantonment area, nor is one required to cultivate his own land. All that is necessary is that one should be engaged personally in cultivation, and must not own more than 5 acres of land anywhere. However every peasant in the Punjab is not qualified to contest elections for a peasant's seat from every cantonment. The necessary qualification in this behalf is prescribed in section 15-B of the Cantonments Act, 1924, which requires that the name of every candidate for election must appear for the time being on the electoral roll of the ward from which he seeks election. Since a member representing peasants is not elected from any particular ward, it is enough in his case that his name appears for the time being on the electoral roll of any of the wards of the Board. Date of hearing : 9th March, 1980.                                                                                                                            JUDGMENT The petitioner was a candidate for election to Cantonment Board Okara District Sahiwal from a peasant's seat. There were two candidates for the election. However, the nomination papers of both the candidates were rejected by the Returning Officer, and no election has taken place so far. The petitioner has challenged the order of the Returning Officer dated 11th…