Law:

Section:

Punjab Local Government Ordinance (VI of 1979)--S. 21 (f) read with proviso as added by Punjab Local Government (Amendment) Ordinance (IV of 1981)--Election-Disqualification-­Appellant holding a contract with Municipal Committee for whose membership he sought election and stood elected-Although cl. (b) of S. 21 of Ordinance of 1979 stood omitted by Ordinance IV of 1981. disqualification created by such clause did not disappear altogether­ Such disqualification retained in newly added ptoviso to cl. .(f) of S. 21 even while omitting cl. (h)-Held : Even under amended law a person holding a contract with same Local Council for whose mem­bership be stood a candidate continues to be disqualified despite dele­tion of cl. (h) of S. 21. Muhammad Shafiq v. Returning Officer and another Civil Appeal No. 330 of 1980 ref. Shaukat Ali, Senior Advocate-on-Record and Rana Maqbool Ahmad, Advocate-on-Record for Appellant. ORDER NASIM HASAN SHAH, J.--This appeal by special leave is directed against the judgment of the Lahore High Court dated 3-11-1980 passed in Writ Petition No. 7626 of 1980. The relevant facts are that the appellant contested election from Ward No. 2, Municipal Committee, Bhalwal, District Sargodha on 25-11-1972 and having secured the highest number of votes was elected as a Councillor. On 12-1-1986. Ch. Niaz Muhammad, respondent No. 3, submitted a petition under-section 29 of the Punjab Local Government Ordinance, 1979 (herein­after called the Ordinance) before the Commissioner, Sargodha Division,' Sargodha, questioning the election of the appellant on the ground that he was a Contractor of Bhalwal, Municipal Committee for the year 1979-80 and, therefore, stood. disqualified under section 21(h) of the Ordinance. The Commissioner, Sargodha Division, by his order dated 20-5-1980 agreed with this contention and accepted the petition of respondent No' 3 and set aside the election of the appellant as a Councillor of Bhalwal Municipality. It appears that Muhammad Ishaq, respondent No. 4, bad also submitted a petition on the same lines as that filed by Ch. Niaz Muhammad (respondent No. 3) which also stood. disposed of by the aforesaid order of the Com­missioner.…

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