Law:

Section:

Balochistan Local Government Elections Ordinance (VI of 2000)- S.14(g)Constitution of Pakistan (1973), Art. 185(3)Qualifications for candidates and elected members Persons who were original post holder in the Federal Levies Force were in the service of Pakistan for all intents and purposes in terms of S.14(g), Balochistan Local Government Elections Ordinance, 2000 and were disqualified to contest elections principles. Qalandar Khan v. Haji Zareef Khan and others 1986 CLC 939 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J. Instant petitions have been filed to seek leave to appeal against impugned judgment, dated 20th June, 2001 passed by High Court of Balochistan, whereby C.Ps. Nos.284 and 285 of 2001 preferred by the -Petitioners respectively have been dismissed. 2. Precisely stating facts of the case are that admittedly -Petitioners are original post holders in the Federal Levies Force but despite that they filed nomination papers in recent past local bodies elections against the reserved seats of Peasants from Union Council Mull Tehsil Sibi. The Returning Officer accepted their nomination papers but in appeal filed by the rival candidates they were found disqualified to contest election under section 14(g) of Balochistan Local Government Election Ordinance, 2000 (hereinafter referred to as the "Ordinance") vide order dated 3rd June, 2001. Against this order -Petitioners preferred Constitutional petitions before the High Court of Balochistan but their petitions were dismissed vide impugned order. 3. Mr. Muhammad Aslam Chishti, learned Senior Advocate Supreme Court contended that in the Province of Balochistan holder of original post of Federal Levies are not deemed to be in the service of Federal Government because such employment is of a hereditary nature and actual duty is performed by other person on behalf of original holder of post which is known as Badli or Bazgir and the person performing such duty receives salary from the Government, therefore, merely for the reasons that in the Government record the name of the original post holder of Federal Levies Force is entered would not debar him from participating in election under such circumstances and he would not…

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