Law:

Section:

Constitution of Pakistan (1973)--­-- Art. 185(3) read with Punjab Local Government Ordinance (VI of 1979), Punjab Local Councils (Elections) Rules, 19 i9 and Houses of Parliament and Provincial Assemblies (Elections) Order (5 of 1977), Art. 10(2)-Election and membership of respondent to office of member Zila Council challenged on ground of disqualification -Leave to appeal granted to consider question whether respondent was disqualified to be a member of council by virtue of his being employed with a body controlled by Government. Muhammad Ismail Chaudri, Senior Advocate Supreme Court with Khan Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner. Raja Muhammad Anwar. Senior Advocate Supreme Court with Karam Elahi Bhatti, Advocate-on-Record for Respondent. Date of hearing: 30th October, 1983. ORDER ZAFFAR HUSSAIN MIRZA, J.-Respondent Muhammad Hayat was elected as Member Zila Council from Electoral Unit No. 13, Attock, in the Local Council Elections held under the Punjab Local Government Ordinance, 1979 in September, 1983. The admitted position is that the respondent is an employee of the Pakistan Oil Fields Limited which is a Company reg1stered under the Companies Act, 1913. It is further stated that the Pakistan Essential Services (Maintenance) Alt, 1952 is applicable to the aforesaid Company. 2. The petitioner who is a voter of the constituency challenged the election and membership of, the respondent to the office of Member Zila Council on the plea that he was disqualified to be elected or to hold the said office as he was in the -service of a Company which is controlled by the Federal Government. His writ petition to that effect has been dismissed by 'a Division Bench of the Lahore High Court at Rawalpindi by judgment dated 22-10-1983 on the ground that Pakistan Oil Fields Limited is not controlled by the Federal Government. Being aggrieved by this judgment the petitioner has brought this petition for special leave to appeal. 3. The provision of law applicable in the case which regulates the matter of disqualification and which requires interpretation in Article. 10(2) of the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 relevant…

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