Law: Municipal Administration Ordinance, (X of 1960)

Section: 16

  Municipal Administration Ordinance (X of 1960)------   -------- S. 16 [as amended by Municipal Administration (West Pakistan Amendment) Act (II of 1965) ) and Representation of the People Act (XXXI of 1957), S. 115-Two statutes vastly different-Disqualification arising from provisions of one cannot be regarded as disqualification arising front another--- Disqualification under S. 16 (1) (6), Municipal 4dministration Ordinance, 1960 (as applicable in West Pakistan)-Restricted to person being party to contract with Municipal Committee or having pecuniary interest in Municipal Committee-Person, an employee of Electric Company having contract with Municipal Committee-Cannot be said to have any pecuniary interest in Municipal Committee.     Date of hearing: 3rd March 1966.   JUDGMENT   QADEERUDDIN AHMED, J.--This petition is directed against two orders of the Returning Officer, Shikarpur, dated the 13th of February, 1956. by which he rejected the objections which were raised to the nomination of respondents Nos. 2 and 3 for election to the Shikarpur Municipal Committee. The main objection was that they are Directors of the electricity company which has a contract with Municipal Committee for supplying electricity to it. A copy of the contract appears at page 9 of this record. It shows that there is a company known as Shikarpur Electric Supply Co. Ltd., which has undertaken to supply electricity to the Municipal Committee. The contract was made on the Ist of March, 1951 and was to subsist for five years from that date, but it is not denied that the company is still supplying electricity to the Municipal Committee. When respondents Nos. 2 and 3 were nominated, objections were raised by the petitioner to their nomination on the ground that they had a pecuniary interest in the Municipal Committee which disqualified them for becoming its members.   2. Counsel for the petitioner has explained that the above disqualification was the result of the introduction of the following provision by section 10 of the Municipal Administration (West Pakistan Amendment) Act, 1965. 1n Municipal Administration Ordinance, 1960:-   A person shall be…