| Citation(s) |
|---|
| 1983 SLG 170 1983 SLD 170 1983 SCMR 105 |
Supreme Court of Pakistan
Civil Appeal No. 330 of 1980, decision dated: 4-07-1982, hearing DATE : 10-04-1982.(Appeal against the Judgment of the Lahore High Court dated 6 7 1980)
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHEIKH AND MIAN BURHANUDDIN, JJ
A.W. Butt, Advocate Supreme Court for Appellant. Memo for
Respondents
Civil Appeal No. 330 of 1980, decision dated: 4-07-1982, hearing DATE : 10-04-1982.(Appeal against the Judgment of the Lahore High Court dated 6 7 1980)
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHEIKH AND MIAN BURHANUDDIN, JJ
A.W. Butt, Advocate Supreme Court for Appellant. Memo for
Respondents
MUHAMMAD SHAFIQ
VS
THE RETURNING OFFICER AND ANOTHER
Law:
Section:
Punjab Local Government Ordinance (VI of 1979) --S. 21(f) [as amended by Punjab Local Government (Amendment) Ordinance (IV of 1981)) read with Houses of Parliament and Provincial Assemblies (Election) Order 5 of 1977 Art. 1C(2) (b) (8) Disqualifi-cation for election Depot holder Section 21 (as amended) removing disqualification incurred under cl. (f) of S. 21, disqualification mentioned in cl. (8) of Art. 10(2) (b) of Order 5 of 1977, held, no longer attachable to persons having share or interest in contract for supply of goods to Government or performance of any service undertaken by Government Provisions of S. 21(2), held further, have effect of removing disqualifications mentioned in proviso to S. 21(f) retrospec¬tively, hence, persons elected as members but removed from member¬ship on account of disqualifications mentioned in S. 21(f) (i) read with Art. 14(2) (b) (8) of Order 5 of 1977 deemed to have always been members and restored to their seats notwithstanding any order to ¬contrary by any authority or tribunal or any contrary provision in Ordinance VI of 1977. Sardar Muhammad Jaffar Khan Leghari v. Election Commission of Pakistan P L D 1978 Lah. 76 ref. JUDGMENT ASLAM RIAZ HUSSAIN, J. This appeal is directed against the judgment of a Division Bench of the Lahore High Court, dated 6 7 198fl, dismissing the appellant's I. C. A. (No. 337/b0) relating to elections of the District Councils held on 25 9 1979, under the Punjab Local Government Ordinance VI of 1979. Leave was granted in this and other number of cases purely on a question of law namely the interpretation of section 21 (f) of the staid Ordinance and the effect of an amendment thereof by Punjab Ordinance of 1981. 2. For the purpose of this appeal the only facts that require to be mentioned here are that the appellant contested the election to a seat of the Local Council from a multi member Electoral Unit known as Hamza House, Union Council Buttar; District Sialkot on 29 9 1979 and got elected, Nazir Ahmad respondent No. 2 also got elected from the same Unit. Both of them offered their candidature for the office of the Chairman of the said Union Council. The appellant secured the highest number of…
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