| Citation(s) |
|---|
| 1980 SLG 192 1980 SLD 192 1980 SCMR 156 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 987 and 1000 of 1979, decision dated: 18-12-1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 24-09-1979 in W. Ps. 5019 and 5093 of 1979).
MUHAMMAD HALEEM AND G. SAFDAR SHAH, JJ
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Civil Petitions for Special Leave to Appeal Nos. 987 and 1000 of 1979, decision dated: 18-12-1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 24-09-1979 in W. Ps. 5019 and 5093 of 1979).
MUHAMMAD HALEEM AND G. SAFDAR SHAH, JJ
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C. P. S. L. A. No. 987 of 1979 UMAR DRAZ CHEEMA
VS
NAZAR MUHAMMAD AND OTHERS C. P. S. L. A. No. 1000 of 1979 Raja GHULAM SABIR AND ANOTHERS vs Ch. ABDUL QADIR AND OTHERS
Law:
Section:
(a) Punjab Local Government Ordinance (VI of 1979) -----S. 21. (f) read with S. 4 and Houses of Parliament and Provincial Assemblies (Elections) Order (5 of 1977), Arts. 1 (2) (3) & 10 Word "disqualified" in cl. (f) of S. 21 of Ordinance Does not have any particular implication but signifies disability according to, particular language of provisions of other statutes Hell: High Court was right in holding that such disqualifications, being an integral part of Ordinance, should be given full effect subject to limitation that they should not be inconsistent with disqualifications enumerated in S. 21 Article 1 (2) (3) of Order 5 of 1977 cannot be taken into consideration for holding that disqualifications in Art. 10 could not be read into cl. (f) of S. 21 of Ordinance . Petition for Special Leave to Appeal dismissed. (b) Interpretation of Statutes --- Provisions enacted have to be given fall effect Extraneous considerations cannot be employed to make it redundant or to detract .. . it from meaning which it conveys. ORDER MUHAMMAD HALEEM, J. This order will govern C.Ps. Nos. 987 Of 1979 and 1000 of 1979. They arise out of the common judgment of the Lahore High Court dated 24th of September, 1979', by which Writ Petitions Nos. 5093 and 5019 of 1979 were, dismissed. The petitioner in Civil Petition No. 987 of 1979 was in the employment of the Punjab Text Book Board, a statutory body, "owned and controlled" by the Provincial Government, and left the service on 4th of January, 1978. He filed his nomination paper to seek election for the membership of the Union Council, Talwandi Musay Khan, District. Gujranwala, on 14th of September, 1979, before the Returning Officer; and in spite of the objection that a period of two years had not elapsed since the petitioner had left his employment, his nomination paper was accepted and the objection overruled. Against this acceptance of the nomination paper, a review petition was filed by the first respondent under section 17 of the Punjab Local Government Ordinance. 1979, before the Punjab Election Authority which failed and was rejected on 21st of September, 1979. Aggrieved by it respondent No. 1 challenged this rejection inβ¦
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