| Citation(s) |
|---|
| 1993 SLG 325 1993 SLD 325 1993 PLD 412 |
Supreme Court of Pakistan
Civil Appeal No.252 of 1991, decision dated: 14-02-1993. (On appeal from the judgment of the Lahore High Court, Rawalpindi Bench dated 3-7-1991 passed in W.P. No.337 of 1991).
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY, MUHAMMAD AFTAL LONE, SALEEM AKHTAR AND SAEEDUZZAMAN SIDDIQUI, JJ
Sh. Zamir Hussain, Advocate and Ejaz Muhammad Khan, Advocate-on-Record for Appellant. Hafiz SA. Rahman, Advocate and Khan Imtiaz Muhammad Khan Advocate-on-Record.
Civil Appeal No.252 of 1991, decision dated: 14-02-1993. (On appeal from the judgment of the Lahore High Court, Rawalpindi Bench dated 3-7-1991 passed in W.P. No.337 of 1991).
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY, MUHAMMAD AFTAL LONE, SALEEM AKHTAR AND SAEEDUZZAMAN SIDDIQUI, JJ
Sh. Zamir Hussain, Advocate and Ejaz Muhammad Khan, Advocate-on-Record for Appellant. Hafiz SA. Rahman, Advocate and Khan Imtiaz Muhammad Khan Advocate-on-Record.
SABIRUDDIN
VS
MUSHTAO HUSSAIN BHATTI and 2 others
Law:
Section:
(a) Punjab Local Government Ordinance (VI of 1979)------- S.21 --- Disqualifications for candidates and members of a local council--Where a person was covered by any of the specified disqualification specified in S. 21, Punjab Local Government Ordinance 1979, he could not be a candidate; but if he had become a member and disqualification continued and remained attached to him, he would be disqualified from being a member--When a person elected had incurred disqualification after the election, he would be disqualified to remain as a member of local -council concerned--Person in the service of any Statutory Body or any Body which was owned or controlled by the Government or in which Government had a controlling share or interest, would incur disqualification to be a candidate or a member of a local council. (b) Constitution of Pakistan (1973)--- ---- Art. 63(l)(e) --- Where any Body, Organization or Corporation was under the control of the Federal Government, any person employed therein, would stand disqualified from being a member or a candidate for the election to the Local Council/Zila Council. (c) Banks (Nationalization) Act (XIX of 1974)--- ---- S. 5 --- Punjab Local Government Ordinance (VI of 1979), S.21(1)(f)--Constitution of Pakistan (1973), Art. 63(l)(i) --- Returned candidate (respondent) being a regular employee of a nationalized Bank which was wholly owned and controlled by the Federal Government was disqualified to be a candidate or member of Local Council in view of Art. 63 (1) (i) of the Constitution and S.21(1)(f) of Punjab Local Government Ordinance, 1979. The entire shareholding of the banks' capital, assets and liabilities vested in the Federal Government. The banks were constituted having a corporate entity. So, was the Banking Council which controlled the banks, but the entire management and the machinery provided for running the banks and controlling them was directly under the control of the Federal Government. The banks and the Banking Council both having separate legal entities were under the control of the Federal Government. Therefore, even if they had separate corporate entity, the control of the Federal Government was not lost or…
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