Law:

Section:

(a) N: W. F. P. Local Government Ordinance (IV of 1979)-- S. 28, cl. (g) read with Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 (P. O. No. 5), Art. 10-Election-Dis­qualificatiori-Art. 10 of P. O. No. 5 disqualifying any person in service of anybody wherein Government holds controlling shares from being member of Parliament and S. 28 (g) of Ordinance 1V of 1979 disquali­fying a person disqualified to be a member of Parliament or Provincial Assembly under any law from being eligible to contest election or being member of a Local Council, respondent being an employee of a company controlling shares of which held by Federal Government, respondent, held, disqualified from being elected or continuing as member of local Council. Umar Draz Cheema v. Nazar Muhammad and others 1980 S C M R 156 ref. (b) Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 (P. O. No. 5)- Art. 10 (2) (aa) [as added by Houses of Parliament and Provincial Assemblies (Elections) (Second Amendment) Order 1977 (P. O. No. 7), Art. 2] read with N: W. F. P. Local Government Ordinance (1V of 1979, Ss. 28(g) & 34 (1-a)-Election-Disqualification- Retrospec­tivity of statutes-Contended that disqualification under P. O. No. 5 being regarding the then "forthcoming elections" to be held in October 1977 expression "forthcoming elections" could not be invoked for elec­tions in 1979, and therefore disqualification in P. O. No. 5 could not be read by reference under cl. (g) of S. 28 of Ordinance IV o f 1979­Held: Amending Order No. 7 of 1979 though not making any separate provision for retrospective application of cl. (g) of S. 28 of Ordi­nance IV of 1979 yet its retrospective application inherent in language used in S. 28 itself-Section 34 (1-a) additionally strengthens such disqualification by providing for removal of a member of Local Council from his office if he "has incurred any of the disqualification S enum­erated in section 28" which includes disqualification in cl. (g) of S. 28. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from the judgment dated 13-12-1981. of the Peshawar High Court whereby a constitutional petition arising out of…

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