| Citation(s) |
|---|
| 1980 SLG 680 1980 SLD 680 1980 PLD 718 |
Lahore High Court
Writ Petition No. 5902 of 1979, decided on 28th May 1980. dates of hearing : 15th March to 12th April 1980
ZAKIUDDIN PAL AND AFTAB HUSSAIN, JJ
Dr. Khalid Ranjah for Petitioner. Raja Muhammad Sabir for
Respondent No. 1. Karamat Nazir Bhandari, A. A.G. for
Respondent No. 2
Writ Petition No. 5902 of 1979, decided on 28th May 1980. dates of hearing : 15th March to 12th April 1980
ZAKIUDDIN PAL AND AFTAB HUSSAIN, JJ
Dr. Khalid Ranjah for Petitioner. Raja Muhammad Sabir for
Respondent No. 1. Karamat Nazir Bhandari, A. A.G. for
Respondent No. 2
Malik GHULAM ABBAS
VS
Malik MUHAMMAD MUMTAZ KHAN AND 2 others --Respondents
Law:
Section:
(a) Punjab Local Government -Ordinance (VI of 1979) S. 21 read with Houses of Parliament and Provincial Assemblies (Elections) Order (P. O. No. 5 of 1977), S. 10 (2) and cis. (7-a) & (7-c) as introduced by Houses of Parliament and Provincial Assemblies (Election) (Second Amendment) Order (P. O. No. 15 of 1979), S. 2 and Houses of Parliament and Provincial Assemblies (Elections) (Third Amendment) Order (P. O. No. 18 of 1979), S. 2 respectively-- Tenor of S. 21 (f) of Punjab Local Government Ordinance, 1979: To bring candidates from local councils on same footing as candidate for membership of Parliament or Provincial Assemblies by subjecting them to same disqualifications in addition to those enumerated in S. 21-Phrase "for time being in force"-Cannot be held to denote only a single period of time, i.e. date of enforcement of Punjab Local Government Ordinance, 1979, but envisages to disqualify a person for membership of Local Council even in future if such person disqualified to be such a member under any law then in force, unless of course some inconsistency found between disqualification as provided by S. 21 and amended law adding disqualification. The disqualifications under section 10 of President's Order No. 5 of 1977, being an integral part of the Ordinance, full effect should be given to them subject to the limitation that they should not be inconsistent with the disqualifications enumerated in section 21. The phrase "for the time being" may according to its context mean the time present, or denote a single period of time but it may also refer to an indefinite state of facts which may arise in future and which may (and probably will) vary from time to time. There being no hard and fast rule the legislative intent in each statute has to be discovered. The tenor of section 21(f) of Punjab Local Government Ordinance, 1979, is to bring the candidates for the Local Councils on the same footing as the candidates for the membership of the Parliament or the Provincial Assemblies by subjecting them to the same disqualifications in addition to those enumerated in, section 21. This being the object of law it cannot be held that the phrase "for the time being in…
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