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1987 SCMR 573 Present: Aslam Riaz Hussain, Muhammad Afzal Zullah and Shafiur Rehman, JJ Haji MUHAMMAD RAFIQ-Petitioner Vs The COMMISSIONER, SARGODHA DIVISION--Respondent Civil Petition for Special Leave to Appeal No. 1029 of 1981, decided on 11th November, 1981. (On appeal from the and order of the Lahore High Court, dated 19-10-1981 in W.P. 4994 of 1981). Constitution of Pakistan (1973)-- ---Arts 185(3) & 199--Punjab Local Government Ordinance (VI of 1979), S.29(1)(c)--Penal Code (XLV of 1860), S. 165-A--Removal from membership of local council--Petitioner removed from membership of Municipal Corporation for misconduct within meaning of S.29(1)(c) of Punjab Local Government Ordinance, 1979 after his conviction for an offence under S. 165-A, P.P.C.--High Court, in exercise of its discretionary jurisdiction, not considering it proper to interfere with the order of removal of petitioner from representative office--No justification found to hold that in exercise of its discretion High Court had contravened any judicial principle--Written reply to show-cause notice submitted by petitioner before the Commissioner containing admissions and assertions from which proper inferences could be drawn against him--Case, held, not a fit one for grant of leave to appeal-­Petition dismissed. Aitzaz Ahsan, Advocate and Mahmood A. Qureshi, Advocate-on­-Record for Petitioner. Sh. Riaz Ahmad, Advocate-General (Punjab) and S.M. Zubair, Advocate-on-Record for Respondent. ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from , dated 19-10-1981 of the Lahore High Court, whereby a writ petition arising out of an election matter was dismissed. The petitioner who was a member of the Municipal Corporation, Faisalabad, contested the election for the office of the Mayor of Faisalabad, but lost the same. Mr. Riaz Shahid was declared elected. It is the petitioner's case that on account of this last mentioned election, Mr. Riaz Shahid became his deadly enemy and on account of that motive, the petitioner was involved in a case under section 165-A, P.P.C. read with M.L.O. 253/M.L.R. 36/14. The petitioner was tried by, Summary Miltary Court and sentenced to one year's R.I. and…

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