Case Details

Citation(s)
1993 SLG 861 1993 SLD 861 1993 CLC 1231
Lahore High Court

SAJJAD AHMED SIPRA, J
Ch. Mushtaq Ahamad Khan for Petitioner

ABDUL RASHID KHAN

VS

MUHAMMAD AQIL and another

Law:

Section:

Punjab Local Government Ordinance (VI of 1979)--- Ss. 21 (F) 29&32--- Disqualification of sitting meembrer to contest election Disqualification of a sittingh member of Town Committee, could only take place if so determined by a forum of competent jurisdiction in accordance with law if a sitting member of Towen Committee was qualification to remain a member of said Committee he was fully qualified to be a candidate for the post of chairmanship of said Commiittee and could contest such election. ORDER The present writ petition calls in question the order dated 6-6-1991, by respondent No.2 herein, whereby the nomination manner fled respondent No.1for the post of Chairmanship of the Town Committee, Kalurkot, District Bhakkar was accepted and the objection raised against the same by the petitioner was rejected. 2. The learned counsel contended that as the "House" of the Town Committee in question has passed a resolution against respondent No.1to the effect that he had misappropriated the funds of the Town Committee, therefore, the said respondent stood "disqualified" from being a candidate for the post of Chairmanship, as stated above. In this respect, referred to clause (f) of section 21 of the Punjab Local Government Ordinance, 1979, wherein it has been stated that any one "disqualified" cannot contest the election in question. 3. However, the learned counsel failed to support his contention, stated above, by any reference to any provision of the law to establish that the mere resolution of the Town Committee is enough to…
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