Law:

Section:

(a) Punjab Local Government Elections Ordinance (V of 2000)---- ----S. 14(d)---Zakat and Ushr Ordinance (XVIII of 1980), S.21(3)(d)(e)--­Constitution of Pakistan (1973), Art.62(f)---Misconduct---Concept--­Disqualification of a person to contest election and become member of Local Council on the ground that the said person was guilty of misconduct and was removed from the office of Chairman, Zakat and Ushr Committee on the charge of misappropriation---Validity---Removal of a person from the office of Chairman of Zakat and Ushr Committee under S.21(3)(e) of Zakat and Ushr Ordinance, 1980 may be a ground to disqualify him to become the member of the Zakat and Ushr Committee but such removal by itself cannot be construed a disqualification under S. 14(d) of the Punjab Local Government Elections Ordinance, 2000---Principle. The distinction between the two provisions is obvious. Under section 21(3)(e) of Zakat and Ushr Ordinance, 1980, a person can be removed from the office on the ground of abuse of power, misconduct or for causing any loss or misappropriation of any money or property of Zakat Committee. Section 14(d) of Punjab Local Government Elections Ordinance, 2000 .on the other hand. provides that a person is not qualified to contest the election and become member of Local Council if he is not a man of good character and is commonly known as one who violates Islamic Injunctions. The District Committee having held the concerned official of Local Zakat and Ushr Committee responsible for tendering wrong advice to the Chairman of the Committee, recommended for an appropriate action against the said official but has not held the person guilty of misuse or misapplication of Zakat fund or that he caused any loss to the Committee or abused his power or misconducted himself in discharge of his duty. The allegation against him related to an irregularity in the distribution of Zakat fund and the perusal of the proceedings of District Zakat and Ushr Committee would show that the irregularity in question happened due to the lack of proper vigilance of the person which was not a deliberate and wilful act to constitute actionable misconduct. The misconduct in general terms…

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