Law:

Section:

(a) Punjab Local Government Ordinance (VI of 1979)- - S. 21(h) read with Sale of Goods Act (III of 1930), S. 2(7)­Candidate for election taking lease for disposal of sullage water from Town Committee-Such contract not with object of transferring property in and delivery of possession of sullage water but of keeping Town Committee's sewerage and sullage channels freely running and for ultimate disposal of sullage-Fact that Contractor candidate pays both a price and renders services and is prepared to pay damages for any loss that may be covered by his negligent services-Held, does not render contract one of sale or purchase of goods within meaning of Sale of Goods Act-Such contract in operation on date of filing of nomination of candidate, on date of actual election and on date of announcement of unofficial result-Order of Election Tribunal holding candidate to be hit by disqualification contained in S. 21 (h) of Ordi­nance-Held, correct in law and on facts-No interference called for in constitutional jurisdiction-Constitution of Pakistan (1973), Art. 199. Kamal Hussain's case P L D 1969 S C 42 distinguished. (b) Sales of Goods Act (III of 1930)- S. 2 (7)--"Goods"-Definition-"Sullage water"-Held, can be treated as "goods" for purposes of Act.-[Words and phrases]. Morgan v, Russel & Sons (1909) 1 K B 357 and Ferens v. Q'Brien (1883)11 QBD2jref. JUDGMENT RUSTAM S. SIDHWA, J. This is a constitutional petition by Noor Ahmad, petitioner, praying that the order passed by the Election Tribunal, Sahiwal, on 5-10-1980 be declared to have been passed without lawful authority and of no legal effect. 2. The brief facts of the case are that Noor Ahmad, petitioner, contested the election of Ward No. 12, Town Committee, Renala Khurd, which was held on 25-9-1979 against respondents Nos. 2, 3 and 7, who were also contesting candidates. The petitioner was declared a successful candidate for the said election. Later, Cb. Waheed-ud-Din, respondent No. 2, filed a petition under section 24 of the Punjab Local Government Ordinance, 1979, for deseating the petitioner on the ground that he was engaged in work to be done for the local council concerned. The Election Tribunal,…

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