Law:

Section:

(On appeal against the judgment and order of the High Court of West Pakistan, Lahore, dated the 25th August 1960 in W. P. No. 382 of 1960).   Election petition----Whether can be dismissed in default of appearance-(Quaere).   Basic Democracies Order (18 of 1959)---Second Sched., Part II, para. 2 (c), (f) read with Elective Bodies (Disqualification) Order (13 0f 1959), Art. S (1) (d)-Sub paras. (c) and (f) not inconsistent---Effect to be gives to sub-para. (f) in terms of Art. 5 (1) (d) of Order (13 of 1959)-Sentence of Imprisonment for more than 2 years disqualifies for being candidate for election under Order (18 of 1959)-[Muhammad Nawaz Khan v. Collector, District Gujranwala P L D 1960 Lah. 1123 reversed]-[Majority view in Pehalwan Khan v. J. F. Elahi P L D 1962 Lah. 751 (F. B.) approved].   The simple provision In sub-para. (f), para. 2, Part II, of Second Sched., Basic Democracies Order, 1959, Is that if a person stands disqualified for being a member of "elective body" on account of the prohibitions contained 1n the Elective Bodies (Disqualification) Order, 1959, Art. 5 (1) (d) he is disqualified from being a member of a local council.   No inconsistency exists between sub-para. (c), para. 2, Part 11, Second Sched., Basic Democracies Order, 1959 and Article 5 (1) (d) of Elective Bodies (Disqualification) Order, 1959.   Sub-para. (f) way not intended to create any new dis qualification. Article 5 of the Elective Bodies (Disqualification) Order had, even without the help of sub-para. (f), the effect of disqualifying a person from being a member of a Union Council, for Article 5 was applicable to the membership of every "elective body" and the definition of elective body covered a Union Council   Sub-para. (f) refers not only to the Elective Bodies (Dis qualification) Order, 1959, but to "any other law for the time being in force". The obvious intention was that if a person was disquali fied by any law other than the Basic Democracies Order, that dis qualification was not being interfered with.   Article 5 (d) provides that whatever the nature of the offence if the punishment awarded exceeds 2…